The Research On Anti-monopoly Law’s Restriction Of Competition-restrict Behavior Conducted By Industry Associations

Apart from the "visible hand", government, and "invisible hand", market, Industry association is the third party for an industry. Industry association is founded as an intermediary agent between government and market, which protects the interests of member enterprises and consumers, promoting the economic development orderly at the same time. However, its purpose is to protect member enterprises’ interests, when it face public interest, out of self-interests, industry associations mostly chooses to harm market competition, that comes with limit competition. With the development of social economy, industry associations possess increasingly important effect on markets, not only in the quality, but also in area. Market economic system may get hurt if Industry associations restrict competition. Therefore, it is necessary to play antimonopoly act restrict on industry association.The current anti-monopoly law can not solve all the problems in restrict competition behavior. It has a few provisions on restricting competition behavior. On one hand, the current anti-monopoly law doesn’t have clear definition on industry association, the range, illegal cognition and the constitutive requirements of violating, on the other hand, its provisions about subject of liability and liability system are ambiguous. The subject of liability restricts in a narrow range, which makes it ignore member enterprises and individuals. The monopoly law explicates administrative responsibility only, neglecting criminal responsibility and civil responsibility.Foreign antimonopoly acts and legal precedent in competition-restrict conducted by Industry associations evolve much better so that it is well worth studying. Based on research on behavior that restricts competition implemented by Industry associations in foreign countries and analysis of current situation of those behaviors in China, this article puts forward suggestions on regulating competition-restrict behaviors conducted by Industry associations. First, making implementing rules, and defining what an Industry association is. Emphasize self-interest and distinguish intermediary agent such as industry association, professional association and chamber of commerce. Second, perfect the monopoly law. Because of China’s legislative experience and the specificity of market economy development, I think it is not the right time to make trade association law. I suggest add a chapter in antimonopoly act to restrict industry association and make enforce regulation and plan meanwhile. Third, add per se rule and rule of reason to the anti-monopoly law, and clarify situations applicable for those rules. Fourth, when affirm specific competition-restrict conducted by industry association, constitutive requirements of violating is needed. All kinds of subject and object factors in competition-restrict behaviors, perniciousness, purpose and result are required to be mainly analyzed. Fifth, complete liability system. Enterprises and individuals should be investigated for criminal responsibility, as well as civil liability. Last, restrict the industry associations’right autonomy, which combines with govern and decentralization. It reflects industry associations’auxiliary function to market economy development.