| The development of economics will need various entities to fully participate in the market,while the sustainable and healthy development of economic will need each participated entity to compete in a fair market subjecting to fair rules and regulations.The phenomenon that government or the country use certain powers or measures to impose on markets happens in nearly every countries.What the government do is not only regulate and control in the macro scale as neutral regulator and executor,but also participate in the market directly through companies they own or control.The starting point of government's involvement is to play a positive role in resource allocation,to enhance market supervision,to preserve market order.But in practice,such involvement will probably cause some unwanted side effect to the economic.There are indeed some government authorities restrain or eliminate competition,some government businesses using its advantages to hamper competition.Therefore,how to regulate the regulator and the government businesses in the sense of competition law is and has always been a concern to countries all over the world.The first chapter clarifies the status quo and challenges Chinese government businesses face when investing or trading in the global market,the introduces the Competition Neutrality will possibly be one if the high standard investment and trade rules host countries will practice.In recent years,the active investment activities of Chinese companies aboard have to be subject to much more reviews,besides the traditional review,new kinds of review based on competition policy will be applied to state-owned enterprises from the perspective of competition law.Secondly,due to the differences of Competition Neutrality in various countries,brief introduction of each version of Competition Neutrality will be set forth.Australia has adopted a set of policies call the National Competition Policy(NCP)which not only lays its eye on government's behavior and the laws and regulations it creates,but also focuses on the activities of government businesses based on the urgent demand of revolution.The NCP emphasizes on substantial equality.The United Kingdom's Competition Neutrality focuses on public service field.While,the EU takes another way.For the core content of Competition Neutrality is already been embodied in the competition law system.The United States also rely on the existing anti-trust law system to deal with the Competition Neutrality issue,but for the reason that the US has little problem with government businesses and their activities,to expand its own interest,its relevant practice mainly focuses on promoting the Competition Neutrality system to the international level and targets on other countries' government businesses.With the motivation from developed countries,OECD,UNCTAD and other international organizations has also been conducting researches on Competition Neutrality policies,which comes out with fruits like publishing research papers on best practices and guidelines.Meanwhile,some agreements like Trans-Pacific Partnership Agreement and Transatlantic Trade and Investment Partnership also draw their eyes on regulating government businesses.The “state-owned enterprises”(SOE)clauses in the aforementioned agreements set a really high standard for government businesses to run in a highly transparent,fully commercialized way.Thus,in the face of the issue of Competition Neutrality policy,based on needs for revolution and development,we shall response positively and develop our own Competition Neutrality policy.Chapter two discusses the internal and external realization of the Competition Neutrality policy from the roles of government and company shall play.As for government,Competition Neutrality does not require to prohibit government's interference,but to limit government's non-neutral interference.The government shall review existing legislation,enforcement of Competition Neutrality,the assessment of the implementation and other external supervision such as complaints or suits shall also be the responsibility of government.China should establish Competition Neutrality Authority to be responsible for implementation of government's role.Local level of authority shall directly report to Central level of authority,and central level of authority shall supervise the work of local level.In the perspective of enforcement approaches,rigid and flexible approaches shall coordonate.All reasonable efforts shall be used to reduce harm to market and competition.As for companies,the most important approach is corporatization,privatization and marketization.Returning of advantages and internal compliance review are also initiative methods which has practices.The third chapter focuses on the code of conduct and application rules regarding the Competition Neutrality.The establishment of proper rules is the premise of the reform,what matters more is the way to implement.Therefore,the first step is to find out the code of conduct.From the process of business,the code shall be divided into market access neutrality,operational cost neutrality,commercial rate of return neutrality and principle of transparency.Then we need to determine what kind of business shall subject to Competition Neutrality.Commercial enterprises in non-strategic industry shall be the proper subject of Competition Neutrality.The third step is to determine which activity needs to subject to the policy.Substantial business activities and non-neutral interference shall be adjusted and regulated by Competition Neutrality.Finally,exceptions shall be specifically listed.State-owned enterprises shall try to get away with the government influence,stick to the rules of competition neutrality and commercialized market competition,respect host countries' laws and customs and make every efforts to integrate in local market and business environment to be free from doubts and restrains.The forth chapter deepens the topic from the view of implement.The administrative-orientated approach consisting of enforcement,complaint and supervision and other matching measures shall be build to implement competition neutrality.China needs to proceed on establishing independent law enforcement authority from transforming and integrating existing authorities,to ensure they are equipped with professional staff,unified standard in order to enhance the efficiency of investigation and enforcement.An independent complaint office in charge of investigation and resolve complaints shall also be established inside the aforementioned authority,which makes it easier to keep a unified standard and keep objective and maintain its authority.It will also be more efficient to cooperate and coordinate with other authorities.With the backup of such complaint mechanism,the Competition Neutrality policy can work more smoothly.Meanwhile,the assessment mechanism and reform of state-owned enterprises shall also be established to coordinate with the implementation.Only with sufficient internal practice can China make most favorable proposals when negotiating international treaties or agreements.Competition neutrality shall be a part of the competition policy of a country,while the competition policy shall be incorporated to the development of economy,with these two premises,countries' economic transition and improvement will more probably to be done successfully. |
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