Study On Regulations Of Anti-Monopoly Law On Restrictions Of Competition Behaviors By Industry Association In China

A trade association is a self-control and non-profitable organization founded and funded by the members in this association with the aim to protect and increase their common interests. While promote economic development and protect the interests of members, industry associations always implement some restrictions on competitions. Currently, all the laws the countries made to restrict the competition among the trade associations can be divided into two sorts, the statute law and the case law, mainly including three types:one is the U.S. representative, which makes a general regulation to the restriction of the competition of the trade association through the statute law, and uses the cases to determine the principles and specific considerations of the regulation; the second is represented by the European Union, the statute law includes the general provisions of the statutory law and some typical restriction competition behaviors that is prohibited or exempted, and the case law is the specific interpretation to the statute law; finally, Japan is the third representative, Japan establishes the special regulation to regulate the restriction of the competition among the trade associations, and the regulation is relatively sophisticated and stringent. Before China’s "anti-monopoly law" going forth, the regulation to restrict the competition among the trade associations runs into a long-term situation that has no laws to depend on. On August1,2008, China’s "anti-monopoly law" took into effect, as an important economic law, its promulgation and implementation play a significant role in maintaining the fair market competition, improving economic operating efficiency, and promoting healthy and orderly development of the socialist market economy. The operation of the "anti-monopoly law" puts the trade association into the scope of regulation, which changes this embarrassing situation, however, the problems exist as well, the regulation to the trade association is ambiguous and vague, and lacks of the practicality, that is, the law can not produce a marked effect to restrict the trade competition, and needs to be theoretically Analysis and Discussion.This paper, from the legislative angle and began with the basic theory of these areas, analyzes the current situation and imperfections of Chinese Antitrust Law through comparing the competition-restricted measures carried out by industry associations in China and foreign countries, and also make some suggestions to improve the law. The paper can be divided into four chapters. The first chapter makes an introduction of the theories of the industry association and market competition. It mainly focuses on the industry associations’definition, characteristics and its relationship with market competition from both the angles of laws and theory.The next chapter introduces some specific regulations and rules of the activities of restricting competition of industry associations in relevant countries or regions.The third chapter takes an explanation of the current situation and four shortages of Chinese Antitrust Law and in the last chapter it offers four advices to improve the law in order to help governing the trade associations’anti-competition activities. It points out that industry association should improve the systematic reformation, know better of its definition and scope, make special regulations to these associations, make a healthy system of punishment and retirement, and advance the responsibility system of the behavior of restricting market competition of the industry association.