行業(yè)協(xié)會價格卡特爾法律規(guī)制研究
發(fā)布時間：2018-11-20 21:43
【摘要】：行業(yè)協(xié)會是同一行業(yè)具有競爭關系的經(jīng)營者組成的非盈利性組織,旨在為協(xié)會成員提供服務,促進行業(yè)的發(fā)展,同時通過行使自治權對協(xié)會成員進行管理,保證行業(yè)協(xié)會的正常運作。隨著經(jīng)濟的不斷發(fā)展,行業(yè)協(xié)會在我國不斷壯大,覆蓋的范圍越來越廣,對市場的影響越來越大。但是,在給市場帶來活力的同時,行業(yè)協(xié)會為了協(xié)會利益,排除、限制競爭,實施價格卡特爾破壞市場公平競爭機制的現(xiàn)象頻頻發(fā)生,損害了同行業(yè)經(jīng)營者和廣大消費者的權益,也給市場經(jīng)濟的健康發(fā)展帶來了威脅,迫切需要對行業(yè)協(xié)會價格卡特爾進行法律規(guī)制。所以,通過對行業(yè)協(xié)會價格卡特爾的研究,根據(jù)我國目前對行業(yè)協(xié)會價格卡特爾的立法現(xiàn)狀,參考發(fā)達國家對這一行為的立法規(guī)范,提出對我國行業(yè)協(xié)會價格卡特爾的立法建議。第一章,簡要介紹行業(yè)協(xié)會及其限制競爭行為的基本概念和特征。行業(yè)協(xié)會為了經(jīng)濟利益實施價格卡特爾,且行業(yè)協(xié)會實施價格卡特爾的原因和表現(xiàn)形式多樣,與單純企業(yè)之間聯(lián)合實施價格卡特爾進行比較分析,可以得出行業(yè)協(xié)會價格卡特爾更具有穩(wěn)定性,給市場公平競爭帶來的危害更大,說明了對行業(yè)協(xié)會價格卡特爾進行規(guī)制的必要性和迫切性。第二章,以《反壟斷法》為線索,比較不同時期我國對行業(yè)協(xié)會價格卡特爾的立法規(guī)制,分析《反壟斷法》的進步之處,肯定《反壟斷法》對規(guī)制行業(yè)協(xié)會價格卡特爾行為帶來的積極意義。同時立足于目前我國對行業(yè)協(xié)會價格卡特爾的立法規(guī)定并指出立法存在的缺陷。第三章,結(jié)合美國《謝爾曼法》的規(guī)定,通過對美國行業(yè)協(xié)會價格卡特爾的判例分析,比較本身違法原則和合理原則的適用,總結(jié)出我國可以通過借鑒美國對原則適用的前置程序來節(jié)省司法資源。第四章,通過上文的研究,針對我國行業(yè)協(xié)會價格卡特爾法律規(guī)制存在的不足之處提出立法方面的建議,主要包括制定行業(yè)協(xié)會法、建立行業(yè)協(xié)會卡特爾豁免制度、完善法律責任制度。
[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.
【學位授予單位】：上海社會科學院
【學位級別】：碩士
【學位授予年份】：2015
【分類號】：D922.294
本文編號：2346129
[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.
【學位授予單位】：上海社會科學院
【學位級別】：碩士
【學位授予年份】：2015
【分類號】：D922.294
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相關期刊論文 前2條
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2 孟雁北;反壟斷法視野中的行業(yè)協(xié)會[J];云南大學學報(法學版);2004年03期
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