State Council Publishes Regulations on Fair Competition Review
On June 14, the State Council released the Regulations on Fair Competition Review (the "Regulations"), set to take effect on August 1, 2024.
The Regulations, comprising 27 articles across five chapters, mainly involve: (1) clarifying the scope of fair competition review; (2) stipulating stakeholder responsibilities; (3) clarifying the standards for fair competition review; (4) specifying fair competition review mechanism; and (5) strengthening supervision and guarantee. The Regulations mandate that administrative organs and organizations authorized by laws and regulations to manage public affairs shall conduct fair competition reviews in accordance with the provisions of these Regulations when drafting laws, administrative regulations, local laws, rules, normative documents and specific policy measures affecting the economic activities of operators. The legislation emphasizes stakeholder engagement, requiring that relevant parties' opinions be sought during the review process. For policies impacting public interests, public opinion must also be solicited. Policies and measures that have not undergone fair competition review or fail to comply with the provisions of these Regulations shall not be issued.
(Source: www.gov.cn)