The Introduction And Implementation Of Competition Neutrality In Anti-monopoly Law

Competitive Neutrality,initially as a domestic economic reform measure,was put forward by Australia.With Australia and the United States' constant applying in bilateral and multilateral cooperation fields,as well as the international organizations such as Organization for Economic Co-Operation and Development(OECD)'s advocating in regional cooperation.Competitive Neutrality is becoming a new rule for international trade and investment.China,as a member of the global economy,should respond positively from both international and domestic level rather than avoid this topic.Existing researches mainly focus on its international perspective response,and take little account of its interactive relations with current legal system.On the basis of current researches,the shortcomings of China's Anti-monopoly Law in regulating the monopoly of state-owned enterprises and the administrative monopoly,and the nature of Competitive Neutrality to realize fair competition among market entities by regulating government's non-neutral intervention,this paper attempts to introduce Competitive Neutrality into China's Anti-monopoly Law to promote free and fair market competition.In addition to the introduction,the conclusion,there are four parts in this thesis,as follows:The first part is the theory of Competition Neutrality.The definition of Competition Neutrality in academia has the difference between narrow sense and broad sense,thus affecting its application.By combing the definitions and the requirements of Competition Neutrality at different periods in different countries and regions,thus clearly defining the concept of Competition Neutrality,combining with the research perspective of,this paper explores its specific requirements of the Anti-monopoly Law.Further analysis from the theoretical level of its competition policy attributes,Competition Neutrality in essence reflects the relationship between government and the market.The second part analyzes the necessity of introducing Competition Neutrality into Anti-monopoly Law.The introduction of Competition Neutrality into Anti-monopoly Law is mainly based on internal and external reasons.The former is the absence of anti-monopoly law theory and the existence of "non-neutral" legal system in Anti-monopoly Law,which leading to unfair,insufficient and lax law enforcement and thus suffer criticism.The latter is that China must actively enter into Competition Neutrality,the new international trade and investment rules.In terms of the practice of various countries,it is feasible and advantageous to implement this rule by the competition law approach.The third part explores the legislative design of Competition Neutrality in China's Anti-Monopoly Law.From the perspective of legislative design,promoting the realization of Competition Neutrality mainly includes three aspects.Firstly,establish the concept of Competitive Neutrality at the legislative level.Secondly,in the design of related systems,applying the same standard to the monopolistic behavior of different enterprises under ownership and different subjects,and perfecting the existing legal system.Finally,establish the supervision mechanism of the government's non-neutral intervention in the Anti-monopoly Law to realize the organic integration of ex ante supervision and ex post supervision mechanism of Anti-monopoly Law.The fourth part mainly discusses the law implementation of Competition Neutrality.In terms of law-abiding,the general market players should be educated to observe it,the majority of the public authorities,especially the executive authorities and organizations authorized by law and regulations,which may eliminate or restrict competition,can be achieved through the specification of administrative power and carrying out competition advocacy.In terms of law enforcement,the realization of Competition Neutrality requires the law enforcement subject to establish the sense of Competition Neutrality,and externally supervise its law enforcement,including supervision by the authorities,social supervision by the public opinions and judicial supervision,etc.