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浙江大学学报(人文社会科学版) 2005
Law Research of China''''s Regulation on the Price Cartel
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Abstract:
Price cartel is most dangerous to competition. It imprisons the competitive mechanism of the market and damages consumers' profits. During the development of China's market economy, price cartel has turned up in many industries. Compared with other countries, China's price cartels have some obvious characteristics of economic transition. Many of the price cartels develop under the trade associations' acquiescence and guidance, indicating government administrative interference on the market. At the same time, however, there is a lack of regulation on price cartels in the existing Chinese laws. The Antitrust Law of 2002 (a draft) is a big progress in this field, but its regulation on price cartels is not yet perfect. In the future, in order to make its regulation more effective, Chinese antitrust laws must pay attention to the following aspects: making trade associations a special part in the price cartel regulation; reinforcing sanction policies on price cartels, i.e. implementing the double-punishment principle; setting up impeaching institutions which encourage actions uncovering price cartels and its kind.