Related to fair competition review! The State Administration for Market Regulation publicly seeks opinions

The State Administration for Market Regulation’s website issued on March 24 an announcement soliciting public comments on the “Provisional Measures for the Implementation of the Anti-Monopoly Review of Fair Competition Regulations (Draft Amendment for Public Comment).”

To thoroughly implement the spirit of the 20th CPC National Congress and the plenary sessions that followed, to earnestly carry out the arrangements of the Central Economic Work Conference, the State Administration for Market Regulation has revised and improved the “Provisional Measures for the Implementation of the Anti-Monopoly Review of Fair Competition Regulations,” further improving the review mechanism, standardizing the review process, strengthening the accountability for review, effectively enhancing the binding constraint of fair competition review, firmly addressing issues of local protectionism and market fragmentation, and promoting the accelerated establishment of a unified national market. Through preliminary research, expert argumentation, and soliciting comments, the draft amendment for public comment and its explanatory materials have been prepared, and are now being made public for comments from society.

This round of amendments mainly revises and improves the “Implementation Measures” in areas such as improving the review mechanism, standardizing review procedures, and strengthening oversight and safeguards. A total of 12 amendments were made and 2 new provisions were added.

These amendments particularly emphasize oversight and safeguards. In response to situations where certain regions and departments continuously issue policy measures that affect fair competition after violations are found through spot checks, a new paragraph has been added to Article 41 to clarify that, where problems are found in the spot checks that are relatively more numerous and rectification efforts are inadequate, the regions and departments involved may be requested to have their responsible persons interviewed by the next higher-level market regulatory authority, further strengthening the binding constraint of spot-check results of fair competition reviews. In response to situations where some localities fail to fulfill review procedures when issuing policy measures, and where policy measures are issued without modifying them in accordance with review opinions, Article 46 has added three accountability circumstances to further intensify accountability for issuing policy measures in violation of the fair competition review system.

Regarding the review mechanism, this round of amendments adds a new paragraph to Article 32 to clarify that, for drafting units that repeatedly produce initial review quality problems, the market regulatory authority may urge them to implement review responsibilities. Regarding issues where some drafting units fail to make revisions in accordance with review opinions and instead submit them for consideration and approval, Article 34 provides that when a drafting unit requests the government to deliberate or approve policy measures, it shall submit along with the package the review conclusions that meet the standards for fair competition review; where they do not meet the standards, the drafting unit shall resubmit to the market regulatory authority for review, further strengthening the closed-loop management of the system. Article 36 adds requirements for third-party assessment conducted in connection with the application of exception provisions, further standardizing the application procedures for exception provisions.

Abundant information and precise interpretation—available in the Sina Finance app

责任编辑：刘万里 SF014