论文部分内容阅读
作为典型的社团法人,行业协会在其日常运作中享有高度的自治权。其所享有的自治权包括规章制定权、争端解决权、惩罚权、监管权和起诉权等。行业协会以自愿加入为原则,强制加入为例外,基于其消极功能则表现在行业协会的限制竞争偏好。它们有利用自治来掩盖那些为了促进协会成员普遍福利而限制、减少竞争的策略和行为的趋势,而这是反垄断法需要规制行业协会的地方。我国的反垄断法对行业协会的规定是原则化的,而且仅仅涵盖了垄断协议,对于行业协会在其他限制竞争行为中的责任没有做出规定。为了加强对行业协会的限制竞争行为的规制,本文做出了相应的措施。
As a typical corporate corporation, industry associations enjoy a high degree of autonomy in their day-to-day operations. The autonomy it enjoys includes the right of making regulations, the right of dispute settlement, the right of punishment, the right of supervision and the right of prosecution. Industry associations have voluntarily joined the principle of mandatory accession as an exception, based on their negative features is shown in the trade association’s restrictive competition preference. They use autonomy to mask the tendency of strategies and practices that limit and reduce competition for the promotion of general welfare among members of the association, which is where antitrust laws regulate industry associations. The antitrust law of our country regulates the rules of the trade associations and covers only the monopolistic agreements. There is no stipulation about the responsibility of the trade associations in other restricting competition behaviors. In order to strengthen the regulation of restricting competition of trade association, this article has made the corresponding measure.