Research on the Regulation to Competition-restricting Behavior of Trade Association

Abstract: In China, as the economy and the transformation of government functions to strengthen the democratization of the urgent need for trade associations, trade associations in social development, playing an increasingly important role. Trade Association is organized jointly with the industry, competitors, and its safeguard the interests of members of the Association and to achieve maximum benefits to industry, we can maintain a good free and fair competition. At the same time, the face of fierce market competition, trade associations, the coordination of behavior can easily turn into acts of conspiracy, which also necessarily implies the possibility of restricting competition. There is a close relationship between trade associations and market competition, how to play the function of trade associations to maintain competition and to regulate trade associations to restrict competition behavior is necessary to examine antitrust issues. In China, at this stage on how to regulate trade associations through the antitrust restrictions on competitive conduct theoretical research is relatively slow.As China's economic development, trade associations, the nature and function has also been diversified, no longer merely the link between government and business persons. The nature of the industry association itself determines its competition in the market would have two effects: the positive and negative. On the positive side is mainly reflected:(1) Order of market competition to maintain; (2) Formulation and implementation of competition policy; (3) Enhance the market competitiveness of enterprises. On the negative side is reflected in: (1) Bargaining hidden places; (2) Increase in the cost of small and medium enterprises; (3) Impede the efficiency. Trade associations to implement the act's role will be to restrict competition, then the concrete expression of the following five kinds: (1) Boycott; (2) The development of industry self-regulation price; (3) Internal discrimination; (4) Differential treatment; (5) Prevent new peer competitors have access to their markets.Restricting competition on the trade association conduct regulation, it should be the right medicine for different types of behavior to take different measures, rather than to regulate are the same way. Acts of trade associations in China can be divided into three categories: (1) Autonomy behavior, that is in full accordance with industry associations to conduct their own meaning of the actions. (2) Actions by the government-backed, which is a class that exists in our transition state similar to the middle of an act is not entirely his own intention, it does not mean the government's power, but it is subject to acts of government support. (3) Behavior of the exercise of governmental authority. This is China's traditional economic system, on behalf of the government there has been entirely the meaning of a type of behavior. The reason for the above three categories of behavior disaggregated regulatory system, and our trade associations restrict the special nature of competitive behavior are inseparable. Affected by China's traditional planned economic system and administrative system, the impact of China's trade association has been working with the exercise of government functions is inextricably linked to, if all the acts rashly will be a unified regulatory system, during the transition period is likely to affect the power of our government the normal exercise. Therefore, according to China's trade associations and government relations between the changing circumstances, progressive trade association of the various types of regulatory constraints and competitive behavior.Trade associations in foreign antitrust restrictions on competitive conduct regulation, the main focus of U.S. anti-trust laws, as well as the first set belong to the same civil law in Germany, Japan, relevant provisions of anti-monopoly law. First, the three trade associations to restrict competition in the behavior of the way the regulatory system is somewhat different, mainly the United States case law only in order to expand the scope of application of the regulation by statute, Germany and Japan is a way of express statutory provisions association acts of restricting competition, but the difference is that Japan and Germany, case law in the role of anti-monopoly increasingly clear statutory provisions to address the shortcomings, this should be our reference. In addition, the three countries are also in the application of each principle, be emphasized. The United States and Germany have focused on their own principles and rational principles of law, Japan due to its own national conditions and reasons, the principle of universal application, except in its application from outside the area.Trade associations in China to restrict competition on the conduct of legal regulation, first of all should be make "anti-monopoly law," rules for the implementation as soon as possible, the implementation details in order to make up for "anti-monopoly law" in the provisions of the defect is too rough. Second, we should restrict competition for the trade associations of specific acts of regulatory system, developed specifically for the trade association of a single law – "Trade Association Act." Explicit acts of trade associations to restrict competition accountability system, in judicial practice, the integrated use of per se rule and the principle of rationality to the industry association or restriction of competition analysis, while expanding the scope of antitrust enforcement to ensure that the authority and impartiality of law enforcement,gradually improved trade associations to restrict competition on behavior regulation…
Key words: antitrust law ; trade association; behavior restricting competition ; legal regulation