行业协会限制竞争行为的责任制度研究

A Study on Liability of Business Associations for Limiting Competition Activities

我国《反垄断法》第46条对行业协会限制竞争行为的责任规定十分粗疏,重构责任体系实属必要。我国行业协会限制竞争行为的责任制度不应仅仅限于行政责任,而且还应当包括民事责任、刑事责任和自律责任。此外,责任追究应当根据行业协会、成员企业以及理事会在组织和实施限制竞争行为中所扮演的角色而应有所区别对待,同时执法机关有权根据行业协会及其成员企业配合检查的态度和情形而宽严相济。

The 46 article of China＇s first anti - monopoly law stricting actions taken by the industry associations. However, the is about liabilities set for competition -reregulations is quite careless, therefore, it is necessary to reconstruct the responsibility system. The ideal responsibility system should not be limited to administrative liability , but also include civil liability, criminal liability and self- discipline liability. In addition, the responsibility should be held accountable in accordance with the role the industry associations, enterprises as well as members of the council played in the competition - restricting actions. At the same time, the law enforcement agencies should have the rights to treat them differently according to their attitude and circumstances.