Legal Regulation Of Group Standard Monopolistic Behavior

One of the key points of the revision of the 2017 Standardization Law is to recognize the legal status of group standards and to clarify the basic concept that group standards are dominated by the government and the market.A new problem with the establishment of group standards is that group standards have a more pronounced monopoly tendency than the other standard types.The quasi-public goods attribute of the group standard makes it subjectively profitable,and it is objectively easy to express the market competition because of the characteristics of the standard unified market.Therefore,from the beginning of the formulation,the group standards have the possibility of monopoly.Due to the particularity of group standards,judging whether group standards constitute a monopoly,it is necessary to analyze them according to the principle of rationality.Specifically,it can be analyzed in four aspects,such as the purpose of group standards,the legality of the establishment of group standards,the comprehensive market influence of members of social groups,and the competitiveness of competitors who are excluded and hindered.In practice,group standards monopolistic behavior is mainly manifested in the formation of price alliances and restrictions on the applicable group standards of relevant market entities.After establishing the identification factors and manifestations of the group standards monopolistic behavior,the author explores that the social group and its members should bear the corresponding civil and administrative responsibilities.Finally,the article discusses how to regulate the group standard monopolistic behavior under the standardization system.Specifically,by improving the formulation requirements of group standards,conducting monopoly evaluation analysis through a good behavior evaluation system,prohibiting the conversion of group standards for suspected monopoly.Due to the revision of the Standardization Law,the rules and regulations related to group standards are still to be optimized.Therefore,for the abovementioned regulatory measures,the author believes that the selection and attribution mechanism of the good behavior evaluation committee should be improved,the group standard conversion should be changed to the standard reference system to optimize regulatory measures for group standard monopoly,and introducing consumer associations to supervise group standard monopoly.