The Research On The Exemption Institution Of Fair Competition Review From The Perspective Of Renewable Energy

Under the dual background of the issuance of the new Anti-monopoly Law and the issuance of the Opinions on Accelerating the Construction of a National Unified Market,the study of the fair competition review system has both theoretical and practical significance.This paper takes the renewable energy field,which has attracted much attention in recent years,as a specific research perspective,and combines the advanced institutional practice of the European Union to study the exemption system of fair competition review in China.First of all,through the study of the provisions of the domestic fair competition review exemption system and relevant documents,this paper combs out the basic framework of the current fair competition review exemption system in the field of renewable energy in China(hereinafter referred to as the "renewable energy exemption system").Then,through a comprehensive study of the relevant conference news reports and the speeches of the person in charge,the review results issued by the local authorities,and the competition law cases of abstract administrative acts,the actual implementation of the current system is discussed.Secondly,this paper compares the relevant systems of the European Union and China through the comparative research method,and extracts some institutional measures to build in China according to the problems existing in China’s system and practice.Finally,with the introduction of the new version of the Anti-monopoly Law,the application path of the exemption system of fair competition review is studied.Chapter I points out that the goal of renewable energy development has dual attributes,that is,to maintain national security and protect social and public interests.In view of the fact that renewable energy has a natural shortage of competitive advantages compared with coal and oil and gas,its development requires that the competition system be properly tilted to it,and the implementation of renewable energy exemption system is one of the important ways.In China,the legal basis of the renewable energy exemption system is the exception provisions in the Rules for the Implementation of the Fair Competition Review,which mainly applies to safeguarding national security and "conserving energy and resources,protecting the ecological environment" as the exemption situations,and adopts the implementation mechanism of "case exemption",as well as the implementation procedure of "prior review” and “post-evaluation".Chapter II describes the implementation of the renewable energy exemption system from the central to the local level,as well as the main problems.The applicable standards of the exemption system for fair competition review in China are relatively vague,and there are few further details at the local level,and there is no detailed description of the exemption reasons in public documents in the system practice.At present,the system has the following five problems:1.Lack of specific review standards;2.The implementation procedure is relatively general;3.The supervision mechanism is not perfect;4.Renewable energy enterprises rely too much on the system;5.The imperfection of the system has led to the unfair competitive advantage of renewable energy enterprises.Chapter III mainly discusses the reference path to the extraterritorial renewable energy exemption system.Since the EU’s national aid system and China’s fair competition review system are relatively close in terms of causes,institutional structure and legal system,and the EU also has more detailed provisions in this regard,it is necessary and feasible to learn from the EU system.However,it should be noted that under the influence of the Russian-Uzbekistan war,the current EU is more focused on maintaining energy security,and the corresponding policies and measures are more radical,and China should be cautious when learning from them.Chapter IV constructs the EU renewable energy exemption system in China.Competition order is the basic value of exemption system.When constructing the specific exemption standard,firstly,it is necessary to specify the specific policy measures that can be exempted;secondly,it is necessary to specify the exemption standards such as "indispensable to achieve" and "minimum damage principle";and thirdly,it is necessary to use quantifiable indicators to explain whether the standard is met.In terms of implementation procedures,the implementation of the exemption system is guaranteed through the establishment of public consultation procedures,exemption withdrawal,preservation and submission of exemption related documents,periodic verification and competitive bidding procedures.Chapter V proposes the application path of renewable energy exemption system under the new Anti-monopoly Law.First,coordinate industrial policy and competition policy,and affirm the fundamental position of competition policy.Second,implement specific exemption standards by exploring the establishment of a positive exemption list and exemption standard indicator system.Third,improve the assessment and supervision mechanism of renewable energy exemption,and focus on solving the problems of the same subject of the prior review authority and the formulation of policy measures,and the insufficient review of abstract administrative acts by judicial review.