Trade Associations: Competition Law Advocates or Offenders?

Burgess, Rachel (2016) Trade Associations: Competition Law Advocates or Offenders? In: Competition Law, Regulation and SMEs in the Asia-Pacific: Understanding the Small Business Perspective. ISEAS Publishing, Singapore, pp. 192-208. ISBN 9789814695800


For centuries, trade associations throughout the world have played a critical role representing businesses, providing services such as lobbying governments, conducting research and providing various forms of assistance to their members. This chapter argues that trade associations must widen these historic functions. Trade associations are in a special position not only to help educate small and medium-sized enterprises (SMEs) about competition law compliance, but also to assist them in utilizing the rules to their advantage. Their precise role will vary depending on the age and sophistication of the competition regime. In jurisdictions that have recently adopted competition statutes, such as Malaysia and Singapore, trade associations are still often breaching the law, so the focus must be on educating themselves and their members on compliance. In more experienced regimes such as the United Kingdom and Australia, trade associations can bring representative actions or make applications for exemptions on behalf of their members. The question of whether trade associations are resourced to fulfil this widened role is also considered.

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Item Type: Book Chapter (Commonwealth Reporting Category B)
Refereed: Yes
Item Status: Live Archive
Faculty/School / Institute/Centre: No Faculty
Faculty/School / Institute/Centre: No Faculty
Date Deposited: 29 Oct 2020 06:04
Last Modified: 02 Sep 2022 06:09
Uncontrolled Keywords: Competition law; trade associations; SMEs; representative actions
Fields of Research (2008): 18 Law and Legal Studies > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4899 Other law and legal studies > 489999 Other law and legal studies not elsewhere classified
Socio-Economic Objectives (2008): B Economic Development > 91 Economic Framework > 9199 Other Economic Framework > 919999 Economic Framework not elsewhere classified

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