The Legality Of The Insurance Industry Association's Fixed Rate Behavior

The insurance association is more special than other associations:the insurance product has the high homogeneity,at the same time,it has the greater intermediary sex.The insurance association should play a self-disciplined and coordinating role in the insurance market,but the antitrust enforcement agencies believe the insurance association violates Antitrust Law because its fixed rate behavior constitutes a monopoly and limit competition in the insurance market.I found that the insurance association fixed rate behavior is the main form of organization insurance company signed insurance "self-discipline" though analyzing the cases of being punished for carding.Determining whether an act is a violation of Antitrust Law is usually based on its own illegal principles and reasonable principles.Academic circles think the fixed rate of the insurance association fix the price,at the same time,it reduces the efficiency of the insurance company and damages the interests of the consumer.Insurance association fixed rate behavior applies itself to the per se rule without thinking purposes and consequences.This article thinks that the fixed rate behavior does not necessarily apply to the per se rule.The per se rule and thereasonable rule are not absolutely different,and the per se rule is difficult to apply.I think that we should use the reasonable rule to examine the purpose and the influence to consumers and competition of the insurance associations fixed rate behavior.I think the main point of this article is the legitimacy of the insurance industry fixed rate behavior by combing cases.The academic circles have different ideas about this problem.Most people think it violate Antitrust Law,but there still economists and insurers believing its legitimacy.The solution of this proOblem can eliminate the question and promote healthy competition in the insurance market.This article analyzes the main types of fixed rate of insurance association by case analyzing method.It expounds the definition of legality of insurance association fixed rate behavior in United Stated and the European Union by comparative research method.The article focuses on the reasons that the insurance associations fixed rate behavior is legal.we need to have a clear institutional legitimacy about it and we also need regulate the behavior of the insurance association for consumers...