Research On The Legal Regulation Of Price Cartels Of Trade Association In China

As an important media organization, the trade association has attracted people's attention with the constant development of social economy and increasing globalization. On the one hand, the trade association can influent the market competition through its own activities and overcome Market malfunction, on the other hand, it can restrict administrative power, avoiding government malfunction. Therefore, domestic legislation encourage and guide the positive role of trade association fully. But meanwhile this"third party government mechanism"play positive effect, it also produce the effect of limit competition unavoidable. Its inherent potential probability of limit competition become to actual damage when the trade interest clash with the interest of the broad public. Because the trade association always represent the interests of the same trade. In ever fierce market competition, proprietors often make use of the trade association for limit competition to avoid risks, control the market and pursuit profit.In recent years, limit competition in China occurs in a more frequent and harmful way. Especially when the trade associations combine with price cartel, the negative effect for market is inestimable. Widely known, as the greatest harmful cartel, price cartel undermined the price mechanism and price oriented of the market, violated the legitimate rights and interests of consumers. Trade association price cartel is the most serious in the price cartel, more confidential, stable and dangerous. The various countries regulate the trade association limit competition behavior through perfecting the related legal regime unceasingly, while guiding the trade association to display the positive role.In China, trade association's very development has the particularity. The trade association is affected by planned economic system deeply and in the nature of administrative monopoly. It is so difficult for juridical practice to regulate it. Furthermore, a thorough and systematical research for trade association price cartel is urgent because theoretical studies for it still in its infancy. The Anti-monopoly Law of the People's Republic of China introduced in 2008 had a general provision for trade association price cartel and defined the subject positions for it. But frame and hysteretic legislation is unable to meet the practical needs obviously. For this reason, trade association price cartel is at the core of the article, expecting to gain some information for theory and practice through the thorough and systematical research.The article divides into five parts. Beginning with the basic concept, the article clears the differences between the approximate concept of cartel, price cartel and trade association price cartel. Also it analyses the causes, characteristic and present situation of the trade association price cartel. Then it points out the theoretical and practical value to regulate the price cartel. Based on the above, the article analyses the constitutive requirements, application principle, expressive form and system of responsibility for the trade association price cartel thoroughly and systematically. At the end, the thesis presents the suggestions of improving the legal system integrates the legislative practices of various countries.