Antimonopoly Regulation Of Information Exchange In Trade Associations To Limit Competition

As a relatively independent autonomous organization,the trade association is set up on a voluntary basis by the operators of the same industry in order to formulate and enforce competition rules and strengthen the self-discipline and standardization of the industry.At the same time,a relatively perfect and authoritative trade association can also provide relevant information,education and training services for its members.As an intermediary and bridge between the government and the market,as an important platform for collecting and publishing market information,the original intention and essence of the trade association is undoubtedly to promote the collective interests of the industry and seek common development and to better serve the market and society.But the coin has two sides,the same is true of information exchange by trade associations.Indeed,in the diversified operation of market economy,reasonable information exchange and replacement can effectively improve the efficiency of organizational members,forming cost and benefit advantages,and promote the healthy development of market competition.However,once the exchange of information exceeds a certain limit and some default collusion is reached to obtain additional benefits,a hidden monopoly agreement will be formed.Such tacit coordination among the operators of the same industry has negative consequences for limiting competition.The Anti-Monopoly Law of our country was implemented in 2008,the law is aim to pursue fairness and competition.In view of the fuzziness and complexity of the information exchange of trade associations,the Anti-monopoly Law has not systematically regulated it.But compared with the delay of legal system,the anti-monopoly practice of information exchange is changing with each passing day.The potential damage of information exchange behavior to fairness and the risk of damage to competition urge China’s anti-monopoly law to regulate the information exchange of trade associations.On the basis of the existing research,this paper first clarifies the related concepts,characteristics,types and criteria of trade association and information exchange.Secondly,through the comparative analysis of anti-monopoly law regulation of information exchange behavior of trade associations at home and abroad and the empirical analysis of typical judicial precedents,it is found that China’s current deficiencies in the legislation of information exchange behavior of trade associations.Finally,combined with the national conditions,this paper puts forward some suggestions on the improvement of the system of anti-monopoly regulation system for information exchange of trade associations in China.Starting from the aspects of legislative boundary identification standard,judicial review principle,legal responsibility undertaking,exemption system and so on,this paper expounds the realistic plan of establishing the relevant system in order to clear the obstacles existing in judicial practice and provide the legal basis for the anti-monopoly regulation of information exchange behavior of trade associations in China.