Research On The Application Of Fair Competition Review System For Online Ride-hailing Supervision

In order to establish a fair market environment,the State Council issued the Opinions of the State Council on Establishing a Fair Competition Review System in the Construction of the Market System in June 2016,formally establishing a fair competition review system in China.At the same time,in order to thoroughly implement the strategic decisions and decision-making arrangements of the Party Central Committee and the State Council,and achieve the purpose of comprehensively promoting the fair competition review system.On June 29,2021,the State Administration for Market Regulation and relevant departments held an in-depth seminar on how to further revise the Detailed Rules for the Implementation of the Fair Competition Review System,with the intention of restricting the government’s economic management behavior and demonstrating the concept of fair competition through the provisions of the Detailed Rules.As a representative of the sharing economy,the ride-hailing industry has brought a subversive impact to the traditional cruise taxi market,and has also bred problems such as platform hegemony,travel safety,and disorderly competition,which has caused extensive discussions among scholars at home and abroad on how to govern the ride-hailing and even the sharing economy.China adheres to an attitude of encouraging innovation to the development of the ride-hailing industry,and fair competition review is such a way to regulate and guide government behavior,which is a sharp weapon to encourage fair competition and maintain social market order.At the central level,it is not excluded that some local governments put their interests above the construction of a level playing field and achieve the purpose of obtaining local interests by setting access conditions that are beneficial to the economic development of the local government,which clearly violates the concept of fair competition.Although the fair competition review of the implementation rules of online ride-hailing has been carried out,the results achieved are not satisfactory.Starting from the basic principles of fair competition review system and starting from the actual situation,this paper aims to compare and study the access conditions of drivers,vehicles and platforms in China’s implementation of online ride-hailing management regulations,compare and analyze the ministerial rules with the implementation rules of online ride-hailing formulated by various local governments to supervise online ride-hailing,and analyze whether local online ride-hailing conflicts and contradictions with the purpose of fair competition review through the specific applicable conditions of different regions.Then,the issues at the institutional level and application level of the fair competition review system are put forward,mainly from two aspects: first,through the refinement and improvement of the fair competition review system itself,including optimizing the review method,improving the third-party assessment mechanism,and refining the exception provisions;Second,ensure the effective implementation of the fair competition review system in the ride-hailing industry,including improving the review capacity and professional ability,implementing the implementation supervision and incentive mechanism,and implementing the joint meeting.