2021年深圳市某协会实施垄断一案引发社会聚焦行业协会反垄断合规问题。行业协会作为行业和会员共同利益的代表,具有实施限制竞争行为的天然倾向和内在冲动。近年来,随着反垄断案件的日渐增多,行业协会自然成为反垄断执法机构重点关注的对象。本报告通过分析行业协会发生垄断的原因,从政府监管与行业协会两个不同的视角探讨行业协会反垄断合规建设问题,提出行业协会反垄断合规建设应从被动应对走向主动作为,实现“制止垄断”与“预防垄断”的二元平衡。
<<The case of monopoly imposed by the Shenzhen Association in 2021 has once again triggered a discussion on the issue of anti-monopoly compliance by trade associations. As representatives of the interests of the industry and the common interests of its members,trade associations have a natural tendency and inherent urge to commit acts that restrict competition. In recent years,while civil antitrust litigation has been increasing,trade associations have also become the focus of attention of antitrust enforcement agencies. This report analyzes the causes of monopoly in trade associations,and discusses the anti-monopoly compliance of trade associations from two different perspectives:government supervision and trade associations,and proposes that the anti-monopoly compliance of trade associations should move from passive response to active action,and achieve the dual balance of “stopping monopoly” and “preventing monopoly”. The report proposes that the construction of anti-monopoly compliance by industry associations should move from passive response to proactive action,and achieve a dualistic balance between “stopping monopoly” and “preventing monopoly”.
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