September 9-13, 2024
It is the 2024 China Fair Competition Policy Publicity Week
The theme is "Unified Market, Fair Competition for the Future"
Fair competition is the basic principle of the market economy and an important foundation for the efficient operation of the market mechanism. It plays an important role in optimizing the allocation of resources, reducing institutional transaction costs, and mobilizing the enthusiasm and creativity of operators, and is also an inevitable requirement for building a unified national market. The "Decision of the Central Committee of the Communist Party of China on Further Comprehensively Deepening Reform and Promoting Chinese-style Modernization" points out that it is necessary to strengthen the rigid constraints of fair competition review, strengthen anti-monopoly and anti-unfair competition, and clean up and abolish various regulations and practices that hinder the unified national market and fair competition.
Fair Competition Review Regulations
It will come into force on August 1, 2024
This is the first on the mainland
Administrative Regulations on Fair Competition Review
It aims to standardize the review of fair competition
Promote fair competition in the market
Optimize the business environment
Help build a unified national market
The following ancestral temple will take you
From the perspective of how to carry out fair competition review
Understanding the Fair Competition Review Regulations
What is a fair competition review?
Fair competition review refers to the activities of administrative organs and organizations authorized by laws and regulations to administer public affairs (hereinafter collectively referred to as drafting units) to review and assess whether there are any circumstances that eliminate or restrict competition in the drafting of laws, administrative regulations, local regulations, rules, normative documents, and specific policy measures (hereinafter collectively referred to as policy measures) involving the economic activities of business operators.
Why was the Fair Competition Review Regulations introduced?
With the gradual improvement of the socialist market economic system on the mainland, the role of the market mechanism has become increasingly enhanced, and the relationship between the government and the market has been continuously optimized. However, it should also be noted that in some regions and industries, there are still some policy measures that inappropriately intervene in areas where market mechanisms should play a role, such as setting discriminatory standards, restricting the circulation of commodity elements, implementing local protection, and regional blockades; designated transactions and improper interference in the production and operation of business operators; Illegally granting preferential policies or improperly derogating from the interests of market entities. From a long-term and overall perspective, these policies and measures have distorted the allocation of market resources, increased institutional transaction costs, inhibited the vitality of social innovation, reduced the overall operational efficiency of the economy, and are not conducive to building a unified, open, competitive and orderly market system.
The promulgation of the "Regulations on the Review of Fair Competition" is an important measure taken by the CPC Central Committee and the State Council to deepen the reform of the economic system, and is an inevitable requirement for the construction of a unified national market. It is of great significance to ensure that all types of market entities use production factors equally, participate in market competition fairly, and are equally protected by law, stimulate market vitality, improve the efficiency of resource allocation, promote mass entrepreneurship and innovation, and promote innovation-driven development and sustained and healthy economic development.
Which entities are required to conduct fair competition reviews?
Administrative organs and organizations authorized by laws and regulations to administer public affairs are collectively referred to as policy-making organs.
What policy measures are subject to fair competition review?
Policy-making organs are required to conduct fair competition reviews when formulating policies and measures (including laws, administrative regulations, local regulations, rules, normative documents and specific policy measures) involving the economic activities of market entities, such as market access, industrial development, investment promotion, bidding and bidding, government procurement, business conduct norms, and qualification standards.
What measures or documents do not need to be reviewed?
●Internal administrative documents
For example, it involves personnel, organization, establishment, finance, foreign affairs, security, confidentiality, internal work system, procedural rules, etc.
●General transactional documents
Such as work reports, work summaries, division of responsibilities, meeting notices, leadership speeches, briefings, etc.
● Process documentation
If it does not involve the introduction of specific policy measures, requests for instructions, letters for soliciting opinions, reply letters, etc.
●Routine specific administrative acts
Administrative penalties and administrative licenses made in accordance with the law, as well as routine project approvals, approvals, and filings.
What are the criteria for fair competition review?
The "Regulations" put forward 19 standards from 4 aspects. Click on the link to learn about the → of the 19 Standards (for the sake of fairness!). The new regulations of the "Fair Competition Review Regulations" come into effect! "19 must not" Please note! ）
How are the exceptions to fair competition review applied?
Where the policy measures drafted by the drafting unit have or may have the effect of eliminating or restricting competition, and there is no alternative that has a smaller impact on fair competition, and a reasonable implementation period or termination conditions can be determined, they may be issued if one of the following circumstances is met:
●For the purpose of safeguarding national security and development interests.
●To promote scientific and technological progress and enhance the country's ability to innovate independently.
●In order to achieve social and public interests such as energy conservation, environmental protection, disaster relief and relief.
● Other circumstances stipulated by laws and administrative regulations.
What are the main provisions of the Regulations around the fair competition review mechanism?
First, the policies and measures to be introduced by the department, and the drafting unit shall carry out a fair competition review at the drafting stage; For policies and measures to be jointly promulgated by multiple departments, the lead drafting unit is to carry out a fair competition review at the drafting stage.
Second, for policies and measures to be promulgated by the people's government at or above the county level or submitted to the people's congress and its standing committee at the same level for deliberation, the market regulation department of the people's government at the same level shall carry out a fair competition review in conjunction with the drafting unit at the drafting stage.
Third, to carry out fair competition review, the opinions of relevant stakeholders shall be heard; Where the public interest is involved, the public's opinions shall be heard.
Fourth, policies and measures that have not been reviewed for fair competition, or do not conform to the provisions of these Regulations, must not be introduced.
What are the consequences of the drafting unit not conducting a fair competition review?
1. Where the drafting unit fails to carry out a fair competition review in accordance with the provisions of these Regulations, and upon the urging of the market regulation department, it fails to make corrections within the time limit, the market regulation department at the level above may give its responsible person a talk.
2. Where a fair competition review is not carried out in accordance with the provisions of these Regulations, causing a serious negative impact, the directly responsible managers and other directly responsible personnel of the drafting unit are to be given sanctions in accordance with law.
Zumiao Micro News Editorial Group
Source: Shenzhen market supervision, Chancheng market supervision
Editor: Foshan News Network Huo Haolin
Review: He Jinting, Yang Rongyan, Wang Minghui
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