Study On The Exception Of Competitive Neutrality Rules

The current research on the rules of competition neutrality is closely related to the momentum of the state-owned enterprises in emerging economies in international competition.However,in the formulation of international rules of competition neutrality,The importance of its exceptional application is becoming more and more important.The exception of competitive neutrality rules originated from the reform of state owned enterprises in Australia in 1990 s.With the further development of economic globalization,The outstanding performance of the state-owned enterprises in the international competition has aroused the concern and dissatisfaction of some developed capitalist countries,and began to set up more restrictions and regulatory requirements on state owned enterprises,this behavior will inevitably lead to international investment disputes.The relevant international organizations such as the organization for economic cooperation and development,the United Nations Conference on Trade and development launched a series of studies on the application of competitive neutrality and its exceptions,based on the investigation of the development of state owned enterprises,there are exceptions to competitive neutrality rules.The application of competitive neutrality rules has great practical demand in international trade negotiations and domestic economic development.Take the trans Pacific Partnership Agreement as an example,there is a great deal of disagreement among the negotiating parties in terms of competitive neutrality.Although the trade negotiations finally reached,however,there are a large number of exceptions to competitive neutrality rules in the text of the agreement,it reflects the compromise and concession of each country.In the aspect of the development of the domestic economy,competitive neutrality rules help to eliminate the competitive advantages of state owned enterprises.The publicity of state owned enterprises is the theoretical basis for the application of the theory of competitive neutrality,The competitive disadvantage of state-owned enterprises may hinder the realization of its publicity,which is an important factor affecting the application of competition neutrality rules.Competitive neutrality rules are mainly applicable to state-owned enterprises,aimed at eliminating the unfair competitive advantage of state-owned enterprises only by the nature of their ownership,the ability to provide public goods or services for the purpose of public interest shall also be guaranteed.The United States also maintains that it applies to all private enterprises that are associated with the government.In practice,the application of competitive neutrality rules should be strictly limited.The identification mechanism should include the following contents: method of measuring the expected cost benefit;for the purpose of safeguarding public interests;and the burden of proof shall be borne by the government.At present,the scope of application of competition neutrality is controversial,It is argued that its scope of application should be limited to the traditional state-owned enterprises,There is also a view that the private sector,which has a specific competitive advantage due to its relationship with the government,should be incorporated into the scope of application,the judicial practice of the United States applies the franchise to the competition neutrality rule.