Research On The Legal Regulation Of Trade Associations Restricting Competition

With the continuous development and progress of China's market economy and the deepening of economic system reform,industry associations are playing an increasingly important role in economic life.However,in recent years,there is an endless stream of industry associations restricting competition.Based on this,the Anti-monopoly Law of our country has made special provisions on it.However,due to the lack of operability and the lack of specific provisions,these regulations make our antitrust law practice Facing a series of difficulties.The emergence of the above problems,objectively requires the academic community to respond,but because of our countr's competition for industry associations to study the competition started late,leading academics have not paid enough attention to this,research is weak,the lack of research results.In view of this,this article is entitled "Study on the Legal Regulation of Industry Association in Restricting Competition",aiming to make up for the deficiency of relevant theoretical research in our country by discussing this topic,in order to be able to regulate the legal restriction of competition in our country's industry association and the healthy development of the market economy benefit.In this paper,we use the methods of theoretical analysis and empirical analysis to follow the logic of"discovering problems-analyzing problems-solving problems"and studying the antitrust regulation of trade associations.The full text is divided into four parts.The first part is to elaborate the historical origin and basic connotation of the industry associations in China,In introducing the definition of trade associations,several academic opinions were cited and their views were put forward.The characteristics of trade associations were fully discussed.It was hoped that the theoretical foundation for the functioning and institutional regulation of trade associations would be laid.The second part is a detailed analysis of the theory and limitations of the competition behavior of industry associations.Through the specific analysis of industry associations restricting competition behavior and combining specific cases,the industry associations have listed the performance forms of restricting competition behavior:price cartels,limited output and sales volume,market segmentation,information exchange,standardization,and collective boycott.Further pointed out that industry associations restrict the characteristics of competitive behavior.On the basis of theoretical discourse,the paper points out the positive side of the industry association's restriction of competition behavior:the inevitability of the inner function of market regulation;the negative side:the possibility of limiting the exposure of the competition beyond the limits of competition.In the third part,through the extra-territorial investigation of the status of the legal restrictions on competition behaviors of industry associations,the application of reasonable principles and the principle of their own violations are analyzed,and the differences in national regulatory laws are compared.The fourth part abstracts the problems existing in our country's trade associations in terms of legislation,law enforcement,and justice,and puts forward three suggestions for perfecting it,namely,improving the legal regulation system of industry associations restricting competition and improving the industry associations' restrictions on competition.The administrative regulation system strengthens the self-regulatory system of industry associations.