Research On Social And Public Interest Exemption From Fair Competition Review

Within the fair competition review system,in principle,behaviors that cover abuse of administrative authority to exclude or restrict competition are expressly prohibited.However,in order to maintain specific value targets and prevent the potential negative effects of over-correcting,it has created a "green channel" for some specific abstract managerial monopolies,that is,the Fair Competition Review Exemption System.Among them,the social public interest is one of the main exemptions in the fair competition review exemption system.It aims to exclude the abstract administrative monopoly that protects the social public interest,which is in accordance with the essential requirements of China’s sustainable development strategy and the green development strategy to a great extent.Given the imperfection of existing regulations and imperfections in the rule of law,economic order and competition culture,the effect of the FCA Exemption Scheme has been greatly reduced.In judicial practice,policy-making agencies abuse the exemption system to cover up the frequent repetition of abstract administrative monopoly behaviors,which are extremely unfavorable to the overall protection of social public interests,and even seriously impede the development of a unified,open and competitive market system.Establishing and improving.The major research contents of this thesis can be boiled down to the following parts.The first part gives a brief introduction to the research background,research objectives,research methods and the innovation of this thesis as well as its merits and shortcomings.The second part sheds light on the the legal basis of the exemption system of fair competition review for the social public interest.First,from a general threshold and fair competition review exemption perspective,he conducts an in-depth analysis of the social public interest significance and extension.The second is to study and analyze theoretical views of public interest,and the last is to conduct a systematic theoretical analysis of the fair competition review exemption system.The third part sums up the current operation conditions and the existing problems of the exemption system for fair competition review for social public interests by dissecting the actual running state of the exemption system for fair competition review in various provinces and cities of China.The fourth part is concerned about the valuable experience of the successful implementation of the fair competition review exemption system for the social public interest in the Organization for Economic Cooperation and Development,the European Union,Australia and other international organizations and countries.Also,the enlightenment of different kinds of experience are summarized in this part.In the fifth part,some effective and well-directed approaches to improve and perfect China’s exemption system of fair competition review for social public interest are proposed on the basis of foreign countries’ and international organizations’ practical experience and our country’s present national conditions.