On The Regulation Of Industrial Associations’ Restrictive Practices On Antitrust Law

With the failure of market and government simultaneously, industry associations as market economy of third class of main body, plays a more and more important role, the function of maintaining the market economic order and public interests gets people’s attention. But the industry associations as the protector of the industry, when the industry interests conflicts with the public interests, the industry associations will damage the industry interests for the public interests, This is the industry association failure. So it is necessary to regulate the industry associations. Foreign legislation and case to the industry association are relatively perfect,in our country, regulation of the limiting competition behavior of industry associations is a few simple provision of the anti-monopoly law. On the one hand, did not consider the particularity of the industry association, in order to clear the species and applicable principle, on the other hand did not format relatively perfect legal responsibility system.Industry associations, as the defenders of the collective interests of members of the Association, has double impact on market competition. The positive impact: making up for the lack of Statute Law to market regulation; exercising market supervision right and investigate right to the violations, in order to increase the illegal cost and law deterrent; boycotting the inappropriate intervention act of the government. The negative impact:violating the interests of the same or similar enterprises; violating the interests of the consumers indirectly; disturbing the fairness, competitive and orderly market economic order.Because industrial associations coexist with rationality and hazardness, so we should comprehensive analysis of various factors to decide for using reasonable rule or per se rule to regulate it, focus on analysis of illegal act whether resulted in substantial effects on restricting competition in the market. Industrial associations appear as collective posture in the behavior of the market economy, liability of industrial association’s illegal acts involve multiple subjects, apply double punishment, it is necessary to build a legal system which together with civil liability, administrative liability, criminal liability to achieve the goal of effective management and legal regulation.