CCTV News: The State Administration for Market Regulation held a press conference on March 18 to announce the "Implementation Measures for the Regulations on Fair Competition Review" and refine the standards for fair competition review. The "Implementation Measures" will be officially implemented on April 20.

The State Administration for Market Regulation introduced that since the "Regulations on Fair Competition Review" was officially implemented in August last year, it has further improved the level of legalization of fair competition review and promoted government behavior norms. However, due to the relatively principled provisions at the administrative regulations, the drafting unit and market supervision departments still have some doubts and problems during the specific implementation process, and the relevant regulations need to be refined urgently.

The "Implementation Measures for the Regulations on Fair Competition Review" published by the State Administration for Market Regulation focuses on enhancing the rigidity and operability of the system, and refines and improves the overall requirements for fair competition review, departmental responsibilities, review standards, review mechanisms, review procedures and supervision and guarantee measures.

The "Implementation Measures" refines the fair competition review standards

The "Implementation Measures" refines the fair competition review standards, and refines the four aspects of review standards, including restricting or disguised restrictions on market access and exit, restricting the free flow of commodity elements, affecting production and operation costs, and affecting production and operation behaviors into 66 specific circumstances.

The refinement of the review standards is convenient for all regions and departments to understand and grasp them one by one in the review work, and ensure the seriousness, normativeness and unity of the implementation of the "Regulations on Fair Competition Review".

Standard the implementation standards for fair competition review

The State Administration for Market Regulation introduced that the "Implementation Measures for the Regulations on Fair Competition Review" further refines and clarifies the problems of inconsistent implementation of fair competition review standards in various places.

The State Administration for Market Regulation pointed out that the "Implementation Measures" focus on solving relevant issues that business entities strongly reflect, study and refine review standards and respond to social concerns.

In the field of government procurement and bidding, the "Implementation Measures" stipulate that priority shall be required to purchase goods provided by local operators, and the areas and registered addresses where the operators obtain performance, awards and honors, taxes and social security shall not be used as conditions for bidding and bonus points, and shall not be used to evaluate the credit rating of enterprises, nor shall it set unreasonable publicity time and response time. At the same time, during the formulation of the "Implementation Measures", we also pay attention to policy coordination and ensure the unity of rules.

Improve the responsibility implementation and system incentive mechanism

Relevant persons in charge of the State Administration for Market Regulation introduced at the press conference that the fair competition review system is an important measure to regulate government behavior. In order to prevent problems such as "vain position" of responsibility, "formal" review, and "idle" system in the implementation of the system, the "Implementation Measures for the Regulations on Fair Competition Review" has made special provisions on strengthening institutional supervision and guarantees.

On the one hand, the "Implementation Measures" further clarifies the responsibilities of the State Administration for Market Regulation and local market supervision departments at or above the county level in promoting the implementation of the fair competition review system; on the other hand, it also stipulates that the policy and measure drafting units strictly implement the fair competition review responsibilities, requiring the establishment and improvement of the fair competition review mechanism, and the establishment of special institutions and personnel to ensure that responsibilities are clear and clear and responsibilities are in place.

Zhou Zhigao, Director of the Competition Coordination Department of the State Administration for Market Regulation, introduced that the "Implementation Measures" further clarifies that any unit or individual can report policies and measures that violate the provisions of the regulations to the market supervision department, determine the responsibilities of market supervision departments at all levels, and put forward clear requirements for the time limit for the reporting processing. In principle, market supervision departments with processing authority must verify and make conclusions within 60 days from the date of receiving the reporting materials that meet the regulations.

Breaking off local protection and market segmentation requires not only fair competition review beforehand, but also administrative monopoly law enforcement afterwards. The Implementation Measures also stipulate that if a drafting unit is found to be suspected of abuse of administrative power to exclude or restrict competition during a fair competition review, it must be investigated and dealt with in accordance with the relevant provisions of the Anti-Monopoly Law.

Strengthen comprehensive measures and improve the effectiveness of supervision and law enforcement

Market supervision departments have established a "three letters and one letter" system in the anti-monopoly field, and used reminder letters, interview notices, case filing notices, administrative proposals and other means to continuously enhance the timeliness and effectiveness of supervision and law enforcement.