Study On Competitive Neutrality Provision In Free Trade Agreement

The competitive neutrality provision was first introduced into free trade agreement(FTA) by Australia and Singapore in 2003. Under the promotion of the United States and other countries, the competitive neutrality provision has caused OECD’s in-depth attention and study,and become the focus of FTA negotiations in recent years. October 5, 2015, the United States and other countries agree on the TPP agreement, which involves the competitive neutrality provision(State-Owned Enterprises[SOEs] And Designated Monopolies).They want to regulate competitive advantages especially for Chinese SOEs. Currently Chinese SOEs is reforming, but still some of them get competitive advantages,such as subsidies, tax from the government.And meanwhile the competition law cannot regulate SOEs effectively, so competitive neutrality in FTAs will have influence on Chinese SOEs.Chapter 1, Study on the current international context for proposing competitive neutrality provision in FTAs. And on this basis, to explore the legislative history and the importance of competitive neutrality provision.Chapter 2, Analyse the content of competitive neutrality provision with the method of comparative study, and describe the law application of competitive neutrality provision in FTAs.Chapter 3, Study on competitive advantages and competitive status of Chinese SOEs. Describe the competition law has defect in regulating SOEs, and competitive neutrality provision in FTAs will have influence on SOEs.Chapter 4, Draw conclusions and make recommendations. China should put forward specific and reasonable measures, such as promoting the reform of SOEs, improving the competition law system, participating in the international cooperation of competitive neutrality provision,to face the challenge of competitive neutrality provision in FTAs.