An Article On The Legal Regulation Of Collusion With Pricing Of Industrial Association

Industrial association, which is a new kind of social intermediary organization, is becoming more and more important in our daily life. It is a Non-profit organization, which helps our government to regulate the economic activity subjects, provides the operators with good platform to contact,and it also make significant contribution to the development of our economy. But, we have been told to see a problem with dialectical perspective by the Marxist philosophy. Though the appearance of industrial association is necessary to the development of economic and brings us great interests, it is also brings us many malpractices, such as collusion with pricing. Industrial association often take advantage of their opportunity to contact and manage their members, to unify the price,which hinders the effective operation of competition mechanism in the market economy and brings our life many inconvenience. The law in China about collusion with pricing of industrial association is so little which just consists of some indirect regulations that it cannot adapt to the reality that this kind of case in our country is becoming more and more. Therefore, this article is ready to analyse the collusion with pricing of industrial association horizontally and longitudinally from the following four aspects, its localization, the advanced legislation practice of foreign countries, the legislation of our country and the measures to perfect it, ant the author puts forwards the measures to perfect our relevant legislation, so that our legal regulation about it can improve further upward.This article consists of the following four parts except the main introduction.The first part is about the theoretical analysis of collusion with pricing of industrial association. Firstly,the author points out the essence of it through the analysis of understanding of the domestic and overseas scholars and the legal practice,and indicates that it affects the normal operation of competition mechanism, damages the interests of the disadvantaged enterprise and the profit of the consumers. Then,the author analyses about the history,main content,advantages and disadvantages of its illegal determination standards,which contains the itself illegal principle and reasonable principle.The second part is about the legislation and practice about collusion with pricing of industrial association of the foreign countries. This part analyses the legislation and practice in America,Germany and Japan. The legislation in America is simple,and it use the principle of itself illegal at first and then also use the reasonable principle with itself illegal principle at the basic place. The legislation in Germany is very clear,and the independence of the antitrust authorities is very low. The practice in Japan is take on the look that the government is dominant. We can conclude from the above analysis that some of the measures are very scientific and reasonable,which can be used in our legislation and practice.The third part is about the analysis about the status of the legislation about the collusion with pricing of industrial association in our country. Firstly,the author analyses the relevant regulations in the anti-monopoly law, the price law,the regulation about the limit of price monopoly, the regulation about the illegal price behaviors, and so on.Then, the author summarizes from the regulations above that there are many problems that exists in our legislation,such as the unclear regulations and non-scientific responsibility system.The forth part is about the perfection of the legislation in our country. This part is the most important part, which is also the core and key of this article. Firstly, we should try to perfect the relevant legislation of industrial association, which can provide practical theory basis for the practice. It consists the perfection of the actual legislation and the formulation of a complete law called the law of the industrial association when the preparation is sufficient. Secondly, we should make the determination standard of collusion with pricing of industrial association clear. The itself illegal principle is the basis and we should also use the reasonable principle at the same time.Thirdly, we should establish a deterrent responsibility mechanism. The industrial association and its members can all be the people who take the responsibility, but we should distinguish its stage,formulation stage or implementation stage. The subject who enforces the relevant law in our country is the national development and reform commission, but we should strengthen its independence, speciality and the strength of the implementation measures. The kind of legal responsibility should not be limited to administrative responsibility only, it should also includes civil liability, such as the stop of infringement and the compensation for the losses, and criminal responsibility,such as the fines and short prison sentence. Meanwhile, the form of the administrative responsibility can be expanded to the order to stop illegal act and confiscation the illegal income, and the measures of cancellation registration should be used very carefully. Fourthly, the legislation about the exempt system should also be perfected. The exempt system is adapt to our reality, and we should definite it reasonably, to which we can add the following aspects, exempt about the intellectual property restrict competition agreement and the price cartel in the autonomous management of industrial association. The exempt program should be brought by the parties itself best.