Legal Regulation Of Restrictive Competition In Local Government Procurement Of Hydrogen Fuel Cell Vehicles

In the context of the "double carbon goal" of promoting the transformation of energy structure and comprehensive green development of carbon emission reduction,the scale and quantity of government procurement of hydrogen fuel cell vehicles in China have been increasing year by year,but the connection between hydrogen fuel cell vehicle purchasers and suppliers has become closer and closer,and there are more restrictive competition behaviours in the local procurement process.The emergence of competition behaviors has undermined the fair competition order of suppliers in the government procurement process,and also seriously hindered the innovative development of hydrogen fuel cell vehicles.This article is divided into two parts: the introduction and the body.The introductory part introduces the research background of this topic,explains the purpose of this paper’s research,and provides a comprehensive review of the relevant literature on the government procurement system at this stage,gives a general understanding of the current research on this topic in China,puts the relevant views to use for this paper,and finally explains the research methods used in this paper and its shortcomings.Chapter 1 mainly addresses the fundamental theoretical issues of the thesis research,starting from two aspects,namely the legal attributes of hydrogen fuel cell vehicle procurement and its local government’s superior concept of restricting competition,based first on the fact that the scope of government procurement adjustment should be considered comprehensively from two elements,namely the subject and the source of funds,and divides the local procurement of hydrogen fuel cell vehicles into two types,namely decentralized procurement by administrative organs and state-owned enterprises of public utilities,according to the qualification of the subject of the purchaser.They are examined separately,and the second part is incorporated into the scope of adjustment of government procurement through the perspective of the interpretation of extra-territorial legislation on the expansion of government procurement subjects.The theoretical basis for the regulation of government procurement is laid down in the Government Procurement Law.It then defines the nature of government procurement practices that restrict competition,identifies its administrative monopoly nature,and points out that there are both procedural and substantive violations.Chapter 2 focuses on the identification and typology of competition restricting behaviours in local government procurement of hydrogen fuel cell vehicles.Firstly,it is shown that there are three reasons for identifying and typifying hydrogen fuel cell vehicles for industrial policy changes,specific procurement purposes and a much higher dependence on product subsidies than for general products.Then,a total of government procurement projects are collected and sorted out to reveal that in practice there are indeed restrictions on competition.There are two types of abuse of single-source procurement and setting discriminatory terms in specific documents.Then,through the collection and sorting of local hydrogen energy-related policy documents,three types of restrictive practices were identified.Firstly,national and local government policies focus excessively on the support of the local hydrogen fuel cell vehicle industry and fail to uphold the principle of fair competition in the local government procurement market.The second is national policies that delegate the use of national subsidies to local governments and local protective local subsidies.Thirdly,the behaviour of higher authorities in restricting competition through minutes of meetings and opinions.Finally,it is summarised and analysed in terms of both externalities and internalities.Chapter 3 focuses on the reasons for the existence of restrictive competition behaviour in local government procurement for hydrogen fuel cell vehicles in China.Among the internal reasons,the high purchasing and operating costs of industrial development and the excessive policy focus on industrial support without competition protection provide the practical reasons for the restriction of competition,while the irrational inter-governmental competition among local governments and the loss of the principle of fair competition in local government procurement are the motives for the restriction of competition in government procurement.The limitations of the existing laws and regulations are also the reason for the repeated prohibition of the restriction of competition.It is proposed that the existing legal system that can regulate the local government procurement of hydrogen fuel cell vehicles mainly includes the legal system related to government procurement and the legal system related to competition law such as the Anti-Monopoly Law,the regulations on optimizing the business environment,the opinions and implementation rules of the fair competition system,and the important regulatory documents on the development of the hydrogen fuel cell vehicle industry at the central level.Chapter 4 discusses the meaning and basis of legal regulation of local procurement restriction of competition in the hydrogen fuel cell vehicle industry,the practical difficulties and possible path options.From the meaning of regulation,it is clear that the fundamental goal of hydrogen fuel cell vehicle procurement is to support basic innovation,and the regulation of its restrictive competition is conducive to promoting the innovative development of hydrogen fuel cell vehicle-related technologies through fair competition.The difficulties in the legal regulation of local government procurement of hydrogen fuel cell vehicles are then analyzed,pointing out the competing application of the two laws and the value objectives pursued by the two laws in the regulatory system,the existence of self-correcting disadvantages of the regulatory body and the regulatory model,as well as pointing out that the model city cluster policy competition model cannot effectively eliminate the occurrence of local protectionism,and that local protectionism may be alienated into inter-regional It also points out that the model city cluster policy competition model is not effective in eliminating the occurrence of local protectionism,and that local protectionism may become inter-regional protectionism.Finally,in terms of the specific design of the regulatory path,it is proposed that the legal regulation of the restriction of competition in local government procurement of hydrogen fuel cell vehicles should focus on examining the realization of the goal of supporting the value of innovation in the procurement,while the fair competition among enterprise subjects should be fully respected in the absence of a clear procurement system for innovative products in China.To address the application of the law,appropriate laws should be selected to regulate the specific types summarised in the previous analysis,while respecting the existing regulatory system.In view of the shortcomings of the existing self-regulatory model,anti-monopoly enforcement agencies should be introduced under the framework of the self-correction model of government procurement,and the right of anti-monopoly enforcement agencies to prompt and advise on the restrictive behavior in government procurement should be established through multidepartmental cooperation in the supervision and management of government procurement.In view of the limitations of the current competition model of the hydrogen fuel cell vehicle industry,the legality of local government procurement of hydrogen fuel cell vehicles can be examined from the perspective of whether the procurement supports technological innovation,and procedural violations can be directly regulated,and for behaviours that must be restricted in order to promote the efficiency of demonstration and promotion,the results of procurementdriven innovation can be examined substantively,and if this is the case,there is no need to regulate them.Restrictions on competition are regulated,and for restricting competition on the grounds of local subsidies only,the superior requirements should be combined with their specific practices such as clearly pointing out the discriminatory terms of power component manufacturers such as suppliers’ battery supporting systems and the apparently specified criteria of products in the bidding documents to be examined,while improving the expert evaluation and supervision system,and by optimising the professional scope of expert evaluation,clarifying the local hydrogen fuel cell vehicle The system for examining technological innovation in government procurement.Finally,taking into account the fact that the current restriction of competition does exist because the existing model of innovative product procurement is not sufficient and the approach that government procurement departments can take is not flexible enough,it is proposed that local governments can actively explore the establishment of partnerships to maintain fair competition in local government procurement of hydrogen fuel cell vehicles while taking into account support for innovation.