Does the behavior of tourism associations constitute monopolistic behavior?

The behavior of tourism associations constitutes monopolistic behavior.

According to the relevant laws of our country, trade associations should strengthen industry self-discipline and guide the operators of this industry to compete according to law. Trade associations shall not organize operators in their own industries to engage in monopolistic behaviors prohibited in this chapter.

anti monopoly law of the people's republic of china

Eleventh trade associations should strengthen industry self-discipline, guide industry operators to compete according to law, and maintain market competition order.

Article 16 Trade associations shall not organize operators in their own industries to engage in monopolistic behaviors prohibited in this Chapter.

Article 46 Where a business operator violates the provisions of this Law and reaches and implements a monopoly agreement, the anti-monopoly law enforcement agency shall order him to stop the illegal act, confiscate his illegal income, and impose a fine of more than 1% and less than 10% of the previous year's sales; If the monopoly agreement reached is not implemented, a fine of less than 500,000 yuan may be imposed.

If an operator voluntarily reports the conclusion of a monopoly agreement to the anti-monopoly law enforcement agency and provides important evidence, the anti-monopoly law enforcement agency may, as appropriate, reduce or exempt the punishment for the operator.

If an industry association violates the provisions of this law and organizes operators in this industry to reach a monopoly agreement, the anti-monopoly law enforcement agency may impose a fine of less than 500,000 yuan; If the circumstances are serious, the social organization registration authority may cancel the registration according to law.

What are the consequences of establishing a monopoly?

1, reach a monopoly agreement. Refers to the agreement, decision or other cooperative behavior reached between two or more operators to exclude or restrict competition. Monopoly agreements are divided into horizontal monopoly agreements and vertical monopoly agreements.

Horizontal monopoly agreement refers to an agreement reached between operators with competitive relations to exclude and restrict mutual competition. The main manifestations are: fixing or changing commodity prices, limiting the production or sales quantity of commodities, dividing the sales market or raw material procurement market, restricting the purchase of new technologies and equipment or restricting the development of new technologies and products, and boycotting transactions. Vertical monopoly agreement refers to the agreement reached between the operator and the counterparty to exclude and limit the influence and role of competition. The main manifestations are: fixing the price of goods resold to the third party and limiting the lowest price of goods resold to the third party.

2. Abuse of market dominance. Abuse of market dominance is also called abuse of market competitive advantage.

Abuse of market dominance refers to the behavior of operators with market dominance abusing their market dominance and engaging in eliminating and restricting market competition. The main manifestations are: selling goods at unfairly high prices or buying goods at unfairly low prices; Selling goods at a price lower than the cost without justifiable reasons; Refuse to trade with the counterparty without justifiable reasons; Restrict the counterparty from trading only with it or only with its designated operators without justifiable reasons; Tying goods without justifiable reasons, or attaching other unreasonable trading conditions to the transaction; Without justifiable reasons, different treatment is given to counterparties with the same conditions in terms of transaction conditions such as transaction price.

3. Concentration of operators that have or may have the effect of eliminating or restricting competition. Concentration of operators not only refers to the merger of two or more operators to form a larger operator, thus affecting the market structure and competitive state; Moreover, it means that one operator obtains part or all of the control over another operator through specific behavior, which also affects the market structure and competitive state.

The above knowledge is my answer to relevant legal questions. According to the relevant laws of our country, trade associations should strengthen industry self-discipline and guide the operators of this industry to compete according to law. Trade associations shall not organize operators in their own industries to engage in monopolistic behaviors prohibited in this chapter.