Analysis On Case Of Revocation Of Administrative Agreement By Tongcheng Seal Service Department Against Rugao Bureau Of Administrative Examination And Approval

In recent years,with the implementation of the policy of optimizing the business environment,more and more attention has been paid to the review of fair competition.In the field of government procurement,the review of fair competition in the market has become more and more stringent.In order to promote market competition and safeguard the operators’ right to fair competition,the Regulations on Stopping the Abuse of Administrative Power to Exclude and restrict Competition promulgated in 2019,the Measures for the Administration of Government Purchase of Services promulgated in 2020,and the Rules for the Implementation of the Review System of Fair Competition promulgated in 2021 all provide more detailed regulations on the behavior of government procurement to restrict competition.Both laws,regulations and policies show the tendency of stricter regulation on government procurement.Therefore,some cases about government procurement restricting competition also began to emerge,and the dispute over the handling of this type of case began to become the focus of attention.In this paper,citing the case of Tongcheng Seal Service Department suing the Administrative Examination and Approval Bureau of Rugao for revocation of administrative agreement,this paper analyzes some legal problems in the competition restriction of government procurement.This paper first introduces the case of Tongcheng Chapter Carving Service Department suing Rugao Bureau of Administrative Examination and Approval for revocation of the administrative agreement and summarizes the focus of the dispute.It summarizes three focal points of the dispute,one is whether Tongcheng Chapter Carving Service Department has the qualification of plaintiff main body,the other is whether the purchasing behavior of Rugao Bureau of Administrative Examination and Approval restricts competition,and the other is whether the purchasing behavior of Rugao Bureau of Administrative Examination and Approval is invalid.Secondly,the focus of this case is analyzed.If the government procurement restricts competition,the plaintiff should be the person who enjoys the right of fair competition and has "interest relationship" with the government procurement.When judging whether it constitutes a restriction on fair competition,we should not only examine whether the behavior of government procurement violates the legal provisions on procurement procedures,but also examine whether the result of the behavior affects the market choice,operating profit,and the operator’s market position and other factors.Finally,as for the behavior of government procurement restricting competition,if it seriously violates the provisions of administrative laws and regulations or objectively causes the result of excluding or restricting competition and damages the public interest,it should be confirmed as invalid government procurement contract.