Research On The Application And Responsibility Of Industry Associations Restricting Competition

As an intermediary main body of the society,on the one hand,the industry association helps the market to pass relevant government policies,on the other hand,it reflects the needs of member companies to the government,and is the link between the govern ment and the market.The existence of industry associations is not entirely beneficial.There are advantages and disadvantages for trade associations to restrict competition,but the purpose of establishing trade associations is to protect the common inter ests of the industry rather than social interests.This kind of purpose will cause trade associations to restrict competition,which will damage the market competition mechanism and even infringe public interests.And the legitimate rights and interests of consumers.To this end,how to better determine the illegality of this kind of behavior,how to apply different determination principles in specific cases,how to better allow the association to assume its due responsibilities,and ensure that the association and the public interest are maximized.This is the problem studied in this article.This article starts with the basic concept of industry associations restricting competition,and describes the industry associations’ behavior of restricting competiti on concretely,and analyzes their characteristics,causes and harms.Next,it discusses the laws and regulations of my country involving industry associations to restrict competition,and analyzes the deficiencies in the existing identification principles and liability forms.Finally,by analyzing and comparing the typical applicable principles and liability standards of foreign countries,the corresponding improvement suggestions are put forward.It is complicated for industry associations to restrict competition.In the process of specific identification,not only the substantive consequences must be paid attention to,but also relevant factors must be considered to make a comprehensive judgment in order to deal with the conduct fairly and assume legal responsibility in the industry association In addition,the industry association should not only be given the punishment due to it,but also not to damage the legal rights of the association to be fair and fair to any party.