垄断协议有三种表现形式,即协议、决定、协同行为。而关于决定与协同行为的准确含义与认定标准,执法机构的相关规定中存在许多歧义,需要在学理上予以澄清。决定是行业协会采取的对其成员具有约束力的行为,也是行业协会组织经营者达成垄断协议的主要手段;协同行为的认定上,需要证明当事人的行为具有一致性,并且这种一致性只有在它们之间发生协调的情况下才有可能出现,或者只有在发生协调的情况下才符合行为人自身的利益。在个案中,协议、决定与协同行为的证明不必严格区分,满足其中之一的要件即构成垄断协议。 There are three manifestations of monopoly agreement, namely, agreement, decision, collaborative behavior. As for the exact meaning and standard of determination and concerted action, there are many ambiguities in the relevant provisions of law enforcement agencies, which need to be clarified theoretically. The decision is the act taken by the trade association to bind its members and is also the main means by which the trade association organizes the business operators to reach a monopoly agreement. The determination of the synergistic act needs to prove that the parties act in a consistent manner, It is possible for them to occur only when they are in harmony, or only in the interests of the perpetrator if coordination takes place. In each case, the agreement, the decision and the proof of the concerted action do not have to be strictly distinguished and the fulfillment of one of the requirements constitutes a monopoly agreement.