A Research On "Competitive Neutrality"

Competitive neutrality is to eliminate the improper competitive advantages enjoyed by state-owned enterprises from the government level.It was originally a policy adopted in the reform of domestic state-owned enterprises in Australia,and then it was interpreted by the expansion of the western countries dominated by the United States,creating a strict version of the "competition neutrality" policy,trying to develop it into an international rule followed by the so-called market economy countries,in order to curb the participation of state-owned enterprises in China International competition.By studying the definition and evolution of "competition neutrality" rule,the practice of using "competition neutrality" rule in Australia,European Union and the United States,the current legal practice and challenges of "competition neutrality" rule in China,this paper puts forward the measures and suggestions to launch the Chinese version of "competition neutrality" rule,which is of great practical significance.The first chapter of this paper starts with the definition of "competition neutrality",clarifies the current three definitions of "competition neutrality",compares the scope of regulation under different definitions;then analyzes the process of the origin of "competition neutrality" rule in Australia,the gradual transition from domestic law to international rule level through the promotion of OECD and the United States,and then analyzes the rapid promotion of "competition neutrality" rule to me In the end,the necessity of introducing "competition neutrality" in China is discussed from two aspects of better playing the role of market and government and integrating into the new pattern of international investment and trade development.This leads to the following detailed analysis of the current international community’s "competition neutral" legislative practice,to provide reference for the introduction of this rule in China.Chapter two to chapter four respectively analyze the legislation and cases of "competition neutrality" in Australia,the European Union and the United States.By contrast,Australia’s "competition neutrality" rules mainly regulate the competition between domestic state-owned enterprises and private enterprises;the EU’s legislation of "competition neutrality" rules is included in the competition law,mainly reflected in the control of state aid,and it is believed that when the state-owned enterprises and private enterprises use the competition law equally,they should still pay attention to balancing the public interest and the market,so they are strengthening the anti competition While the subsidy rules will set up clauses to judge whether the subsidy is compatible or not,the United States hopes to create strict "competition neutral" rules in the international platform that emphasize the removal of government components of state-owned enterprises,and the real intention is to restrain the development of emerging economies.The last chapter analyzes the practice of China’s "competition neutrality" rule,which is reflected in the reform of state-owned enterprises,the construction of free trade zone,free trade agreement and fair competition review.However,the "competition neutrality" rule has not formed a complete system in China.Finally,suggestions are put forward for the application of the "competition neutrality" rule in China from the aspects of speeding up the reform of state-owned enterprises,gradually promoting the "competition neutrality" rule after the pilot implementation of the "competition neutrality" rule in the domestic free trade zone,striving to set up exception clauses in the international trade agreements,and enhancing the compatibility between the "competition neutrality" rule and the reality.