论垄断协议规制对车险保费自律行为的影响

Monopolistic agreements′ impact on premium self-discipline activities of car insurers

《反垄断法》颁行之后,机动车保险费率自律行为的合法性受到质疑。一方面,为了整顿这一行业内屡屡出现的混乱局面,监管部门、行业协会以及保险公司都有充分的理由干预费率;但另一方面,竞争者之间的协同定价行为又会构成垄断协议,是《反垄断法》要进行严格规制的行为。要解决两者之间的冲突,大致有两种方法:其一是授予保险业以反垄断豁免,对保险公司和保险行业协会不适用竞争法规则,流行的观点认为这是目前欧美等发达经济体所采取的方案;其二是公司和协会调整自己的行为,既要按照《反垄断法》进行合规经营,但又要达到防范偿付能力风险的目的。本文从反垄断法的角度分析了车险费率自律行为的性质,对欧美竞争法在保险业的适用情况作了研究与查证,厘清了人们在这个问题上的误解,得出的结论是:第一种方法不可行,而只有第二种方法才是正确的途径。文章还对保险人如何在《反垄断法》框架中对车险保费价格进行自律提出了建议。

The issuance of ＂The Anti-monopoly Law＂ has incurred questioning on the lawfulness of self-discipline activities regarding premium rate of motor vehicle insurance. On the one hand, the chaotic situation of this field has justified interference with the premium rate by insurance regulator, industry associations and insurance companies. On the other hand, coordinated pricing among competing companies may lead to a monopolistic agreement, which is strictly regulated by the Anti-monopoly Law. To solve this contradiction, one of the method is to waive the insurance industry from complying with the Law. It is widely agreed that this is the solution of developed economies such as the United States and European countries. The other method is for insurers and insurance associations to readjust their behaviours, and they should not only operate in compliance with the Anti-monopoly Law, but also properly guard against their insolvency risk. This paper analyzed the nature of self-discipline activities regarding premium rate of motor vehicle insurance, and made a research on the application of American and European anti-monopoly laws to the insurance industry to clarify people＇s misunderstanding on this issue. The conclusion it reached was that the first method didn＇t work and only the second option was the right choice. It also made suggestions on how to comply with the Anti-monopoly Law in self-discipline activities regarding premium rate of motor vehicle insurance.