On The Exemption Of Horizontal Monopoly Agreement In Insurance Industry

Insurance industry is the risk of the industry with the risk of decentralized features,so it is known as the "social stabilizer" in the national economy occupies a very important position.The core function of the insurance industry is the risk of protection,if the insurance price is too high,it will lose the risk of protection function,if the insurance price is too low,it will cause the insurance company's own bankruptcy or even the turmoil of entire industry.The rate is the price of the insurance.The price of the insurance consists of two parts-the legal part and the discretionary part.The legal part is the pure risk premium,which is linked with the solvency of the insurance company.The discretionary part mainly includes the company's expected profit and operation Cost,the ideal state of the insurance price should be the bulk of the decision to take part of the small head.However,in actual life,due to the vicious competition between insurance companies,the situation towards the opposite.For this reason,it is particularly important to build a fair competition order in the insurance industry.At present,the establishment of a fair competition system in the insurance industry has become a consensus within the world,but the insurance industry is peculiar.For example,the approach of the "law of large numbers" must be applied to determine the insurance rate,the same contract Terms and the same rate should be used in common insurance areas,so it easily causes the monopoly.When we come across these problems,we should apply the exemption of the anti-monopoly law.It is impossible for the entire insurance industry to exempt the application of anti-monopoly law,so we should discuss what kind of behavior can be exempted.This article attends to discuss the insurance industry and the behavior should be exempted from the horizontal monopoly agreement to the good operation of the insurance industry.This paper tries to study the antitrust practice from the exemption theory to the insurance industry,and summary the path of the anti-monopoly exemption system of the foreign insurance industry to the construction of the specific system in our country.Firstly,the Insurance Industry Antitrust Guide should be made soon as possible to provide a clear legal basis for the monopoly of the insurance industry and the exemption.Secondly,according to the limited behavior of the exemption theory,the exemption status of the behavior of information exchange,common insurance,and common reinsurance should be given.Thirdly,the elements of the exemption should be detemined,including efficiency gains,indispensability,benefits to consumers,and no exclusion of competition.Fourthly,it is high time to improve the procedure of case exemption,and promote the realization of substantive justice through procedural justice.Fifthly,insurance industry is a industry hat is subject to strict supervision,so it is necessary to build the supervision of the insurance industry.China has established a solvency as the core,including corporate governance,market behavior supervision of the "three pillars" system.In fact,the Regulators and anti-monopoly law enforcement agencies will also regulate the insurance industry business activities,so it is important to distinguish the scope of authority of the two agencies.To create a favorable legal environment in insurance industry,it is necessary to determine the"anti-monopoly law" for the insurance operator market behavior of the highest standards of conduct,and build the information sharing and coordination between the two mechanisms.