On Anti-trust Law Regulation Concerning The Cartel Initiated By Trade Association In China

Cartel is a typical restrictive practice, many countries' legislation pay close attention to it. Cartel causes damage to machine-processed of price and competition. Trade association promotes and brings cartel. When cartel and trade association get united, it will cause our attention. In practice, on behalf of a mark-up on instant noodles, trade association leads price fixing and joint price. It shows the seriousness of price cartel leading by association. It is of great urgency to relate the associations'cartel practice.However, it would be admited that cartel has positive and negative role on economic development, just becomes at different times. Anti-monopoly is only a measure instead of a purpose. The relation of prohibiting price cartel is also relative not absolute. Using anti-monopoly policy has rationality but can prevent economic development , harm competition and efficiency too, so is trade association's cartel practice. Anti-monopoly law can be affected by its own national conditions and situation of economic development. It is the result of public value judge by nations. When makes Anti-monopoly policy, it is necessary to consider parties interests.Trade association's cartel practice in our country has its own characteristics. It is problem that the role of government, the status of trade association is disorder and cartel comes out into the open. The anti-monopoly law of our country makes response to trade association's cartel practice. But, because the anti-monopoly law aimed at the basic framework issues. For technical and interoperability issues, the law expects to amend and perfect after practice. So trade association's cartel practice can not be all-round related. It gives our the possibility of making a study of trade association's cartel.