行业协会价格卡特尔法律规制研究
发布时间：2018-11-20 21:43
【摘要】：行业协会是同一行业具有竞争关系的经营者组成的非盈利性组织,旨在为协会成员提供服务,促进行业的发展,同时通过行使自治权对协会成员进行管理,保证行业协会的正常运作。随着经济的不断发展,行业协会在我国不断壮大,覆盖的范围越来越广,对市场的影响越来越大。但是,在给市场带来活力的同时,行业协会为了协会利益,排除、限制竞争,实施价格卡特尔破坏市场公平竞争机制的现象频频发生,损害了同行业经营者和广大消费者的权益,也给市场经济的健康发展带来了威胁,迫切需要对行业协会价格卡特尔进行法律规制。所以,通过对行业协会价格卡特尔的研究,根据我国目前对行业协会价格卡特尔的立法现状,参考发达国家对这一行为的立法规范,提出对我国行业协会价格卡特尔的立法建议。第一章,简要介绍行业协会及其限制竞争行为的基本概念和特征。行业协会为了经济利益实施价格卡特尔,且行业协会实施价格卡特尔的原因和表现形式多样,与单纯企业之间联合实施价格卡特尔进行比较分析,可以得出行业协会价格卡特尔更具有稳定性,给市场公平竞争带来的危害更大,说明了对行业协会价格卡特尔进行规制的必要性和迫切性。第二章,以《反垄断法》为线索,比较不同时期我国对行业协会价格卡特尔的立法规制,分析《反垄断法》的进步之处,肯定《反垄断法》对规制行业协会价格卡特尔行为带来的积极意义。同时立足于目前我国对行业协会价格卡特尔的立法规定并指出立法存在的缺陷。第三章,结合美国《谢尔曼法》的规定,通过对美国行业协会价格卡特尔的判例分析,比较本身违法原则和合理原则的适用,总结出我国可以通过借鉴美国对原则适用的前置程序来节省司法资源。第四章,通过上文的研究,针对我国行业协会价格卡特尔法律规制存在的不足之处提出立法方面的建议,主要包括制定行业协会法、建立行业协会卡特尔豁免制度、完善法律责任制度。
[Abstract]:A trade association is a non-profit organization composed of competitive operators of the same industry. It aims to provide services to the members of the association, promote the development of the industry and, at the same time, administer the members of the association through the exercise of autonomy. Ensure the normal operation of the trade association. With the development of economy, the trade association is growing in our country, which covers more and more widely and has more and more influence on the market. However, while bringing vitality to the market, the phenomenon that trade associations exclude and restrict competition for the benefit of associations, and implement price cartels to undermine the mechanism of fair competition in the market occurs frequently. It damages the rights and interests of the same industry operators and consumers, and threatens the healthy development of the market economy. It is urgent to regulate the price cartels of trade associations. Therefore, through the research on the price cartel of the trade association, according to the current legislative situation of the price cartel of the trade association in our country, and referring to the legislative norms of this behavior in the developed countries, Put forward to our country trade association price cartel legislation suggestion. The first chapter briefly introduces the basic concepts and characteristics of trade associations and their restrictive competition behavior. Trade associations implement price cartels for the benefit of economy, and the reasons and manifestations of implementing price cartels by trade associations are various, which are compared with the joint implementation of price cartels among simple enterprises. It can be concluded that the price cartel of trade association is more stable and brings more harm to the fair competition of the market, which shows the necessity and urgency of regulating the price cartel of trade association. The second chapter, taking the Anti-monopoly Law as the clue, compares the legislative regulation of the price cartel of the trade association in different periods in China, and analyzes the progress of the Anti-Monopoly Law. To affirm the positive significance of anti-monopoly law in regulating the price cartel behavior of trade associations. At the same time, it is based on the legislation of trade association price cartel and points out the defects of the legislation. The third chapter, in combination with the provisions of the Sherman Act of the United States, compares the application of the principle of illegality and the principle of reasonableness through the analysis of the case law of the price cartels of American trade associations. It is concluded that our country can save judicial resources by drawing lessons from the pre-procedure applied to principles in the United States. The fourth chapter, through the research above, puts forward some legislative suggestions on the deficiencies of the legal regulation of trade association price cartel in China, mainly including the enactment of trade association law and the establishment of trade association cartel exemption system. Improve the system of legal liability.
【学位授予单位】：上海社会科学院
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.294
本文编号：2346128
[Abstract]:A trade association is a non-profit organization composed of competitive operators of the same industry. It aims to provide services to the members of the association, promote the development of the industry and, at the same time, administer the members of the association through the exercise of autonomy. Ensure the normal operation of the trade association. With the development of economy, the trade association is growing in our country, which covers more and more widely and has more and more influence on the market. However, while bringing vitality to the market, the phenomenon that trade associations exclude and restrict competition for the benefit of associations, and implement price cartels to undermine the mechanism of fair competition in the market occurs frequently. It damages the rights and interests of the same industry operators and consumers, and threatens the healthy development of the market economy. It is urgent to regulate the price cartels of trade associations. Therefore, through the research on the price cartel of the trade association, according to the current legislative situation of the price cartel of the trade association in our country, and referring to the legislative norms of this behavior in the developed countries, Put forward to our country trade association price cartel legislation suggestion. The first chapter briefly introduces the basic concepts and characteristics of trade associations and their restrictive competition behavior. Trade associations implement price cartels for the benefit of economy, and the reasons and manifestations of implementing price cartels by trade associations are various, which are compared with the joint implementation of price cartels among simple enterprises. It can be concluded that the price cartel of trade association is more stable and brings more harm to the fair competition of the market, which shows the necessity and urgency of regulating the price cartel of trade association. The second chapter, taking the Anti-monopoly Law as the clue, compares the legislative regulation of the price cartel of the trade association in different periods in China, and analyzes the progress of the Anti-Monopoly Law. To affirm the positive significance of anti-monopoly law in regulating the price cartel behavior of trade associations. At the same time, it is based on the legislation of trade association price cartel and points out the defects of the legislation. The third chapter, in combination with the provisions of the Sherman Act of the United States, compares the application of the principle of illegality and the principle of reasonableness through the analysis of the case law of the price cartels of American trade associations. It is concluded that our country can save judicial resources by drawing lessons from the pre-procedure applied to principles in the United States. The fourth chapter, through the research above, puts forward some legislative suggestions on the deficiencies of the legal regulation of trade association price cartel in China, mainly including the enactment of trade association law and the establishment of trade association cartel exemption system. Improve the system of legal liability.
【学位授予单位】：上海社会科学院
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.294
【参考文献】
相关期刊论文 前2条
1 廖振中,梁远航;论知识经济时代反垄断法的制度设计和价值取向——“微软垄断案”二审判决分析[J];社会科学研究;2003年01期
2 孟雁北;反垄断法视野中的行业协会[J];云南大学学报(法学版);2004年03期
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