The Regulation to Industrial Association In China’s “Antimonopoly Law”
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    Abstract:

    As the industrial association’s conduct has the possibility of restricting competition, the antimonopoly law in most countries is inclined to regulate such conducts by the way of “additional standard” or “interpretation of the term”, and take the principle of “essence is more important than outward form”. As to the concrete measures, in addition to setting the legal limits to the industrial association’s function, restricting the exercise of the right to punish the member enterprises, most countries’ antimonopoly law stipulate the industrial association’s conduct rules from both the substantive and procedural aspects. The provisions in China’s “Antimonopoly Law”, to some extent, overcome the shortcomings in China’s “Price Law”, but the correlative system is still relatively simple, and the legal liability is also insufficient.

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盛杰民,焦海涛.论中国反垄断法对行业协会的规制[J].重庆大学学报社会科学版,2008,14(4):93~98

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