Industry Associations Industry-standard Anti-monopoly Regulation

In recent years, as China's trade association of increasing acts of restricting competition, how to effectively regulate trade associations, the issue has aroused concerns of the community. Industry associations or restriction of competition mainly through trade associations to make the resolution and the development of industry standards to achieve. Industry associations to restrict competition to reach resolution, the resolution typically includes a monopoly agreements, abuse of dominant market position to carry out the operator concentration of the specific methods such as fixed prices, divide markets, limit the number of collective resistance, low-cost sales, restrictions on trade, unreasonable tying , the operator merging and so on.The industry associations to develop industry standards are implied greater economic benefits, a standard introduction and implementation of the impact on society is more significant, it may promote competition may restrict competition and to safeguard the interests of consumers may also prejudice the consumer those rights, the potential to improve enterprise efficiency may also hinder technological innovation to reduce business efficiency; it into line with industry-standard products in the market has a monopoly position in an invincible position in the competition, but also can make products that do not meet industry-standard non - Department can sell, eventually had to withdraw from the market a heavy heart. Can be seen that the socio-economic development of industry standards play an important function,Regulation of the industry standards and improve the extremely important practical significance.This paper from industry associations and characteristics of the definition of industry standards and looks to the many industry associations industry-standard problems are described, revealing the industry standards for trade associations the need for antitrust regulation and to the United States, Japan and other countries to cases, introducing foreign anti-monopoly legislation and judicial practice of the industry associations industry-standard anti-monopoly regulation of the specific approach, combined with our industry associations industry-standard anti-monopoly regulation comparison of the status quo, our industry associations to further explore the industry-standard anti-monopoly regulation measures to improve the system of ideas. This total of more than 30000 words, is divided into six sections. The first part is an overview of the industry association of industry standards, the main industry association aims to introduce the definition of industry standards and characteristics of trade associations to find the existence of industry standards based on industry standards for trade associations to conduct functional analysis of the pros and cons.The second part discusses the specific industry standards into the trade associations the need for antitrust regulation, primarily from trade associations industry standard is a product of self-government trade associations and industry associations industry-standard restrictions on competition both in terms of talk of the industry Association, the industry standard for the need for antitrust regulation.The third section describes the foreign legislation on the industry associations to develop industry-standard restrictions on the regulation of competitive behavior, to develop industry standards for the industry associations to restrict competition in different ways to be briefed the corresponding regulatory measures.The fourth part is introduced to the industry association of China's industry-standard anti-monopoly regulation of the status quo and existing problems. Mainly from the "anti-monopoly law," the perspective of the relevant legislative provisions.Fifth section presents trade associations for industry standards of China's anti-monopoly regulatory measures to improve the proposal, this part is the focus of this article. Concrete is divided into two parts: First, the "anti-monopoly law," the comprehensive proposal, and second, the "anti-monopoly law," the relevant legal provisions and measures for supporting the comprehensive proposal. Among them, the "anti-monopoly law," the perfect proposal is the focus of this section, concrete can be broken down into six specific measures: first, a single set up a specialized section of industry standards regulating trade associations; second, improve the anti-monopoly enforcement mechanisms; Third, to establish the principles for determining violations; fourth,Improve the industry association recognized industry-standard method of restricting competition; Fifth, a clear industry standard for trade associations to restrict competition in a liability of the main body; sixth, perfect system of antitrust liability.Part VI is the conclusion, on China's trade associations industry-standard anti-monopoly regulation and the status of the need for a summary, and industry associations industry-standard anti-monopoly regulation has made the prospect of prospects.