Research On The Exemption Institution Of Competition Assessment

Making the market decide the allocation of resources requires that the fair competition atmosphere must be established.The competition law in various countries generally requires that while regulating the specific administrative monopoly of the government,it should also regulate the abstract administrative monopoly of government through implementing policies.Competition assessment institution requires that the government policies which may distort the market must be reviewed fairly before they are carried out.The reasonable construction and good implementation of the exemption system can prevent the competition assessment institution from being mere formality.This article will improve the exemption of competition assessment by drawing lessons from EU State Aid.Both the State Aid and the competition assessment are the institution that regulates the anti-competitive behavior of the government.By studying the types of State Aid,system construction and operation procedures,we can complement and perfect the exemption of competition assessment.The first part of this article will introduce the current rules on the competition assessment and its exemption institution,and put forward the research directions on the basis of drawbacks of the existing regulations.The second part introduces the State Aid,mainly from the types of exemptions,institutional structure and operational procedures.The third part of are the ways to perfect the exemption of competition assessment.Perfecting exemption of competition assessment should start with the applicable types,overall structure and operational procedures.For the applicable types,elaborating the general rules to specific types will help the policy-making agency enhance the efficiency and reduce the cost.For the overall structure,the combination of ex-ante control and ex-post review ensures that exemption will not be abused.And for the operational procedures,make anti-monopoly enforcement agency be part of the assessment agency will ensure the effectiveness of exemption institution.In the meanwhile,information disclosure,performance examination and discipline mechanisms will ensure the exemption institution run well.