| The administrative monopoly of the athletics profession association is a long-standing issue in the development of sports industry in China,which effectively putting a brake on the development and progress of sports industry in China.Ultimately,it is mainly due to a series of reasons,such as the lack of administrative monopoly law rules and regulations of the athletics profession association and anti-monopoly law enforcement.First of all,this thesis believes that the athletics profession association has its own particularity.Although its monopoly behavior is more hidden and stable,it implements the administrative monopoly behavior prohibited by the anti-monopoly law,which should be regulated by the anti-monopoly law,and other behaviors of the athletics profession association should also be censored to the anti-monopoly law.Secondly,it is necessary to introduce the administrative law theories into the analysis of the law rules and regulations so as to divide the administrative monopoly of the athletics profession association into abstract and concrete classes for classification and discussion.Finally,in order to promote the orderly development of sports industry,it is urgent to do further research on the administrative monopoly of the athletics profession association as a guidance and improvement to the legislative and judicial work.This paper analyzes the practical harm and causes of the administrative monopoly of sports industry associations in China,and puts forward the problems through the introduction of cases.The administrative monopoly leads to the corruption of power rent-seeking and the negative impact of consumers’ interests,which can be attributed to a series of reasons such as imperfect industrial management system and excessive legal authorization.Based on the identification and analysis of the administrative monopoly subject of the sports industry association in China,and in view of its status in different social affairs,this paper concludes that there are concrete and abstract administrative monopoly in the aspects of restricting the flow of players,setting the threshold of league entry and the articles of association.A large number of cases and experiences of EU countries using EU competition law to regulate the administrative monopoly of sports industry associations are worth learning.EU countries’ review of abstract administrative monopoly behavior has the characteristics of independent review subject,diversified review object and development of review standard.The EU takes competition law as its authority.Even sports associations are regulated by competition law as long as they make use of the administrative power granted to them to carry out monopolistic acts in violation of competition law in the process of economic activities.In order to regulate the administrative monopoly of China’s sports industry associations,we should follow the guiding principles of legislation and the regulatory principles of the department law,and jointly regulate from two aspects of abstract and specific administrative behaviors,so as to understand the procedures and methods of EU competition law applicable to the administrative monopoly regulation of sports industry associations,which is helpful to promote the self-discipline management of China’s sports industry associations and the healthy development of sports industry. |