| On June 1,2016,the State Council promulgated the "on the establishment of fair competition review system in the market system construction",subsequently,the provinces have introduced the implementation of the system,marking the initial establishment of the fair competition review system.The system has been developed from the system of competition regulatory of developed countries,and has been established in many countries.The system refers to the policy-making organs or other institutions review the public policy that may affect market competition and evaluate the rationality of the competition effect,so as to regulate the government behavior and prevent the introduction of policy measures to exclude and restrict competition.The establishment of fair competition review system is conducive to improving the anti-monopoly legal system in China,which is conducive to strengthening the basic position of competition policy in economic policy and making the market play a decisive role in resource allocation.However,from the present point of view,there are still many deficiencies in the system of fair competition review in China,which need to be further improved.On the one hand,the document only provides some guidance,lack of operational,need to be improved in the implementation details.On the other hand,since there is no rise to the legal level,there are a lot of problems in the implementation.The establishment of the fair competition review system is a long-term,systematic and complex project.Starting from the reality of our country,we learn from the similar system and practical experience of other countries and regions,in order to explore the feasibility of the program.Above all,this paper makes a theoretical analysis on the system,and introduces the origin,concept,characteristic,and function of the system.Then it introduces and contrasts the rules of fair competition system in Singapore,the European Union and other countries and regions,hoping to learn some advanced experience to build and improve China’s fair competition review system.At last,based on analyzing the relationship between the fair competition review system and the anti-monopoly law,the insufficiency of self-examination of policy-making organs,the function of antitrust committee and other relevant departments,combining with the situation in China,some suggestions are put forward.Firstly,amend the basic rules to minimum influence and restrict competition.Secondly,adopt the method that competition authorities to lead the review of incremental,independent competition policy agencies to review the stock review.Thirdly,the review standards will be further refined.Finally,introduce third-party assessment and regular assessment,strengthen social supervision and accountability and ensure the implementation of the system. |
