Strengthen constraints and maintain fair competition market order
2024-08-05
At the beginning of this year, a government announcement in a certain area of Sichuan Province sparked heated discussions among local enterprises. The announcement stipulates that "administrative institutions and state-owned enterprises within the district shall give priority to the use of local enterprise products and services under the same conditions." The local market supervision department found during a special inspection that the relevant measures of this policy violated the provisions of fair competition review and urged relevant departments to revise them as soon as possible. Starting from August 1st, the "Regulations on Fair Competition Review" (hereinafter referred to as the "Regulations") came into effect. The Regulation requires that before the formulation and introduction of policies related to the economic activities of business entities, a review procedure aimed at maintaining fair competition market order should be carried out. Previously, the scope of fair competition review mainly included administrative regulations, rules, normative documents, other policy documents, and specific policy measures in the form of "one case, one discussion". The Regulation further expands the scope of review and clearly stipulates that when drafting laws, administrative regulations, local regulations, rules, normative documents, and specific policy measures related to the economic activities of operators, administrative organs and organizations authorized by laws and regulations to manage public affairs shall conduct fair competition review in accordance with the provisions of this Regulation. Meng Yanbei, a professor at the Law School of Renmin University of China, said that the provisions of the Regulations on the scope of application ensure the openness and inclusiveness of the scope of fair competition review, and clarify the scope of fair competition review from the perspective of drafting laws, administrative regulations, local regulations, normative documents and specific policies and measures. The Regulation clarifies the establishment of a fair competition review and coordination mechanism by the State Council, stipulates the responsibilities of relevant units such as market supervision departments of local people's governments at or above the county level, and establishes a review work mechanism with clear rights and responsibilities. Based on the previous self review conducted by the drafting unit, the Regulation establishes a mechanism for fair competition review of major policy measures. Exploring the establishment of a cross regional and cross departmental fair competition review mechanism and improving mechanisms such as soliciting opinions will help improve the quality of review, "said Deng Feng, a professor at Peking University Law School. The Regulation strengthens the constraint mechanism of fair competition review by stipulating that the people's governments at or above the county level shall include the work of fair competition review in the assessment and evaluation of the construction of a rule of law government and the optimization of the business environment; If the fair competition review is not carried out in accordance with the provisions of the Regulations, resulting in serious adverse effects, the directly responsible supervisors and other directly responsible personnel of the drafting unit shall be punished in accordance with the law, which enhances the authority of the fair competition review work. The relevant person in charge of the State Administration for Market Regulation introduced that currently, the market supervision department is working hard to draft specific implementation measures for the Fair Competition Review Regulations, formulate supporting rules for fair competition review, and form a supporting rule system. (New Society)
Edit:Lubaikang Responsible editor:Chenze
Source:paper.people.com.cn
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