Anti-Monopoly Law Regulation Against Industry Association's Participation In Monopolistic Agreements

As an important bridge between government and enterprises,industry associations play a vital role in promoting economic development and resolving international trade disputes,especially in developing countries.However,the problem that industry associations restrict competition by participating in cartel monopoly agreements has become more and more serious,while the process of reform and opening up moves forward.Some industry associations have failed to take responsible for their duty to promote competitive market,and have become a tool for enterprises to exclude or limit competition by collusion.this also reveals that China's"Anti-Monopoly Law" is relatively weak in regulating the anti-competitive effects of industry association.In addition,in the process of anti-monopoly law enforcement,Antitrust authorities neither distinguish the monopolistic illegal activities between the cartel with the participation of industry associations and general cartel,or take the participation of industry associations into consideration as a discriminating factor to improve the fine ration of the illegal enterprises.It also caused the antitrust authority's bad behavior in regulating the monopoly of the cartel with the participation of industry associations.we find some problems of China's industry associations participating in cartel's anti-monopoly law enforcement,through combing,categorizing and summarizing in cartel monopoly cases.And we use game theory to establish the model to compare and analysis the stability,expected benefits,the collusion company's preference and the magnitude of damage to social welfare of the two cartel organizations.Then,we propose a differential antitrust fine to aggravate the fines imposed on the illegal enterprises in the cartel monopoly cases,in which the industry associations take part.On the one hand,the differential fines can keep the collusion enterprise's the choices of the cartel organizations consistent with the goal of the antitrust authorities,and control the occurrence of serious cartel monopoly.On the other hand,the differential fine can provide anti-monopoly law enforcement departments with the idea of cartel monopoly,in which industry associations participate,to improve China's antitrust law about the anti-competitive behaviors of industry associations,and keep the industry associations taking responsible for their duties and giving full play to the positive effects on economic operations.