Accelerate the improvement of fair competition review laws, regulations and institutional systems
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On the 28th, at the regular press conference for the first quarter of 2024 held by the State Administration for Market Regulation, Zhou Zhigao, Director of the Competition Coordination Department of the State Administration for Market Regulation, stated that policies that hinder the unification of the large market and fair competition have been implemented since June 2023. Regarding the problems discovered during the measures to clean up the work, the State Administration for Market Regulation conducted an in-depth analysis of the causes, deepened the understanding of the regularity of the relevant problems, and formulated a targeted work plan. In the next step, we will coordinate the central and dynamic clean-ups, problem rectification and system construction to help build a new development pattern and promote high-quality development.
Zhou Zhigao introduced that work will focus on the following aspects:
The first is to speed up the improvement of fair competition review laws, regulations and institutional systems.Actively cooperate with relevant departments to speed up the legislative process, promote the early promulgation of the “Fair Competition Review Regulations”, and improve the legal status and binding force of the fair competition review system. Study and revise the “Implementation Rules of the Fair Competition Review System”, formulate the “Working Rules for Fair Competition Review Spot Inspections”, “Working Rules for Handling Fair Competition Review Reports” and “Working Rules for Administrative Suggestions on Abuse of Administrative Power to Exclude and Restrict Competition Law Enforcement” to continuously strengthen rigid constraints. Organize third-party evaluations of the implementation of the fair competition review system in key areas, study and refine the fair competition review rules, and provide more targeted behavioral norms for policy-making agencies at all levels.
The second is to continuously strengthen the implementation of fair competition review responsibilities in various regions and departments.Coordinate the use of institutional tools such as “three letters and one letter” to ensure that policies and measures should be thoroughly reviewed. Establish and improve a mechanism for random inspections of policies and measures, increase the supervision and inspection and supervision of rectification of policies and measures that hinder unified markets and fair competition at the national level, and increase the public exposure of typical problematic documents discovered. In accordance with the principle of “whoever formulates, cleans up”, guide all localities and departments to continue to dynamically clean up policies and measures that hinder the unified market and fair competition, and resolutely correct the problem of “cleaning up and introducing at the same time”. Incorporate the relevant task requirements of the national unified market into the content of special inspections, conduct fair competition reviews and inspections of local people’s governments and their affiliated departments, and promote the implementation of various work requirements.
The third is to deploy special actions to rectify outstanding problems of local protection and market segmentation and maintain fair competition market order.Focusing on the outstanding issues reported by the people and business entities that hinder the independent relocation of enterprises, restrict the free flow of commodity elements between regions, and set up hidden barriers to market access, we will highlight the key points of rectification, adhere to the problem orientation, and further increase the intensity of supervision and law enforcement. Respond promptly to business entities’ concerns. At the same time, we will increase the public exposure of cases, strengthen administrative suggestions and law enforcement interviews, vigorously correct inappropriate market interference behaviors, and create broad development space and a fair competition stage for business entities.
The fourth is to focus on improving local governments’ awareness of fair competition and policy implementation capabilities.Promote the inclusion of the implementation of the fair competition review system into the assessment and evaluation system such as the construction of a rule of law government, and strengthen positive incentives for review work. Actively promote party schools (administrative schools) at all levels to include fair competition policy and legal system as required courses, and organize a series of publicity activities such as China’s fair competition policy publicity week and fair competition policy “entering agencies, party schools, and enterprises” to gather extensive The consensus of the whole society on fair competition. Give full play to the role of the Office of the Anti-Monopoly and Anti-Unfair Competition Commission of the State Council, strengthen information sharing, strengthen coordination of industrial policies and competition policies, and gather synergy for fair competition governance.
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