Research On Anti-monopoly Law System Of Trade Association

As the main body of the social intermediate level society,The industry association is the bridge between the government and the market.To a certain extent,it plays an important role in promoting the communication between the government and the market.Industry associations also had a certain impact on competition.On the one hand,industry associations have an active role in promoting competition in the aspects of information exchange,joint research and development,education and training,as well as the self-discipline of industries such as the formulation and implementation of competition;on the other hand,industry associations are established to maintain the common interests of the industry,not the interests of society.This congenital nature may limit competition and damage the market competition mechanism,the public interest of the society,and the interests of competitors and consumers.In reality,it is not uncommon for industry associations to organize or implement monopolistic behaviors that are implemented separately as operating entities.It coincides with the revision of the Anti-Monopoly Law.The author intends to conduct research on monopolistic behaviors of industry associations and design them at the institutional level to better regulate the industry associations.As a non-profit entity with management functions,the industry association is incorporated into the anti-monopoly law system.It has established a monopoly agreement as an industry manager to organize enterprises and as a subject with administrative functions,abuses administrative rights,and resists other business entities.However,in recent years,the Guangdong Football Association has reached a monopoly agreement to carry out the boycott of the multiple identities,and the Guangdong Entertainment Industry Association as a business operator,and its member companies reached a boycott of other exhibition organizer.Under the current anti-monopoly law system,the regulation of industry associations is not exhausted.At the same time,in the behavior regulation of industry associations,generally focus on monopoly agreements,fixed prices,etc.,there is no regulation of other types of monopolistic behavior of industry associations;The regulations on the legal responsibilities of trade associations are also focused on administrative responsibilities,which has less deterrent effect on trade associations and there is no specific compensation mechanism for the damage caused by other entities due to monopolistic behaviors;the anti-monopoly law currently does not have uniform standards for the identification of monopolistic behaviors of trade associations,which leads to the anti-monopoly law enforcement agencies.The courts have different definitions of similarmonopolistic behaviors;industry associations based on the prisoner’s dilemma are also imperfect due to the application of the forgiveness system,and the difficulty of discovering monopolistic behavior has reduced the regulation of the industry associations to a certain extent.Starting from the basic concepts of industry associations,through the analysis of the characteristics of industry associations and their own functions,the definition of industry associations is a non-profit social group composed of operators of the same industry,because of its own mutual benefit characteristics and the function of the industry association itself can easily cause or create restrictions on competition and lead to the occurrence of monopoly.Through case analysis,it is proposed that industry associations will obtain three different identities of industry managers,public affairs managers and operators because of their different functions.Under different identities,their roles and anti-monopoly laws need different degrees of attention.At the same time,it is established that the identity of the industry association should not be limited,and it should be placed in a specific legal relationship and regulated according to its role in specific laws.The anti-monopoly regulations of trade associations are a specific application-oriented system.They should pay attention to the substantive impact of behaviors on market competition,that is to evaluate the restrictive competition behavior of trade associations through reasonable principles;exchange information and standard certification behaviors of trade associations.And the collective boycott behavior is defined,the types of monopolistic behaviors that need to be regulated are increased;the accountability mechanism for industry associations is improved,the responsibilities of industry associations and member companies are divided,and the civil compensation is added when the monopolistic behavior of the industry association causes damage to other entities.Responsibility;based on the confidentiality of industry associations,increase the application of the forgiveness system to its member companies,and clarify the conditions and procedures for the application of the forgiveness system.Through the framework of the system,it is expected to provide some suggestions for the anti-monopoly regulations of China’s trade associations.