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行业协会作为同行业成员的组织体,为实现利益最大化,具有达成价格垄断协议从而排除、限制竞争的本质倾向。对此,尽管我国已在《反垄断法》中对行业协会限制竞争的行为做出了相应的规范,但仍存有诸多缺陷,行业协会价格垄断在整个市场垄断中的比重和影响并未消除。鉴于此,应在梳理《价格法》与《反垄断法》调整价格违法行为时相互关系的基础上,完善行业协会概念的界定及价格垄断的责任承担等内容,以此有效遏制行业协会的价格垄断行为。
As the organization of members in the same trade, the trade association has the essential tendency of excluding and restricting competition in order to realize the maximization of interests and reach a price monopoly agreement. In this regard, although our country has already made corresponding regulations in the “Anti-monopoly Law” to restrict the competition of trade associations, there are still many shortcomings. The proportion and influence of the price monopoly of trade associations in the entire market monopoly have not been eliminated . In view of this, on the basis of combing the relationship between price law and anti-monopoly law in adjusting price violations, the concept of trade association and the responsibility of price monopoly should be improved so as to effectively curb the price of trade associations Monopoly behavior.