The Study On Legal Regulation Of Competition-Restricting Actions Of Trade Promotion Associations In Social Transformation Period

Our trade promotion associations grew against the background of reform and opening up policy and development of Socialist market economy with Chinese characteristics, and it was produced when the government transferred the power to the market, to society. Trade promotion associations are a vital part of market economy in western developed countries, which contributed a lot to good social governance and well-developed market-oriented economy. In comparison, the trade promotion associations in our country are in social transforming period, which have a great number of problems including indefinite roles, lack of functions, undeveloped system, disordered internal management. All of these make the trade promotion associations can't function properly. Because of the tight connection between the government and trade promotion associations, there are many kinds of competition-restricting actions of our trade promotion associations in the social transforming period, like self-conducting competition-restricting actions and competition-restricting actions produced when the association enacts the power from or belongs government, making the subject of liabilities more complex, impact more severe. But our legal system seems a little behind this complicated situation, especially the antitrust law, which is supposed to regulate these behaviors. This paper analyzes the competition-restricting actions of trade promotion associations, and gives my own opinions about how to perfect the responsibility and liability system according to the antitrust theories and principles.There are five main parts of this paper. The first part introduced the history, definitions, functions of the trade promotion associations, then confirms the meaning of "trade promotion association" mentioned in this paper. The second part described the characteristics of trade promotion associations in social transforming period. The third part summarized the competition-restricting actions of trade promotion associations. The fourth part analyzed some problems when antitrust law regulating competition-restricting actions. On base of foregoing discussion, the final part gives advices on how to regulate competition-restricting actions.