Law

The State Administration for Market Regulation has issued the Implementation Measures for the Regulations on Fair Competition Review

2025-03-19   

According to the WeChat official account news of "Shishuoxinyu", in order to thoroughly implement the Regulations on the Review of Fair Competition (hereinafter referred to as the Regulations), strengthen the rigid constraints on the review of fair competition, maintain the order of the fair competition market, and accelerate the construction of a unified national market, the Market Supervision Administration recently issued the Measures for the Implementation of the Regulations on the Review of Fair Competition (hereinafter referred to as the Implementation Measures), which will be officially implemented on April 20. The Implementation Measures consist of 48 articles, which refine and improve the overall requirements, departmental responsibilities, review standards, review mechanisms, review procedures, and supervision and protection measures for fair competition review within the framework of the Regulations. The main content is as follows: Firstly, clarify the overall requirements for fair competition review. The Implementation Measures clarify the scope of fair competition review; Determine the specific responsibilities of the State Administration for Market Regulation and local market supervision departments at or above the county level in guiding and organizing the implementation of the fair competition review system; It is the responsibility of the drafting unit to implement the fair competition review system, improve the fair competition review mechanism, strengthen the capacity building of fair competition review, and enhance the guarantee of fair competition review work. The second is to refine the review criteria. Refine the review criteria for restricting or indirectly restricting market access and exit, restricting the free flow of commodity factors, affecting production and operation costs, and affecting production and operation behavior as stipulated in the Regulations into 66 specific situations, in order to facilitate accurate understanding and standardized application by market supervision departments and policy drafting units at all levels; Clarify the meaning of concepts such as "no alternative solution with less impact on fair competition" and "reasonable implementation period" in the exception provisions to prevent their abuse and harm to market competition. The third is to improve the review mechanism. Propose specific requirements for the procedures and content of conducting fair competition review by the drafting unit, clarify the ways and scope of soliciting opinions from stakeholders, etc; Refine the policy measures and work procedures for conducting fair competition review by the market supervision department in conjunction with the drafting unit. The fourth is to strengthen supervision and guarantee. Improve the procedures for handling fair competition review reports, establish a sound mechanism for fair competition review spot checks, and provide measures such as urging rectification, interviews, written reminders, and administrative suggestions for behaviors that violate the provisions of the Regulations. These measures should be closely linked with the Anti Monopoly Law, further strengthen accountability, and ensure the implementation of the system. The State Administration for Market Regulation will conscientiously implement and actively deploy the action to enhance the ability of fair competition review, strictly carry out policy and measure fair competition review, and stop various regulations and practices that hinder the unified national market and fair competition from the source. (New Society)

Edit:Ou Xiaoling Responsible editor:Shu Hua

Source:China News Network

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