公平竞争审查的认知偏差与制度完善

Cognitive Bias and Institutional Improvements of Fair Competition Review

反垄断法与公平竞争审查同为保护市场经济的法律工具,但二者并不等同。反垄断法是维护市场经济的长效机制,而公平竞争审查则是健全市场经济的中间过程,二者存在追求长期效应与平衡短期目标的冲突。公平竞争审查在倡导反垄断法追求的经济效率的同时,还需面对无法被后者囊括的诸多因素。因此,公平竞争审查的顺利实施要基于反垄断法,但也不能拘泥于反垄断法,关键在于从促进社会整体利益的角度着眼,给予政府之手适度的发展空间。鉴此,未来的公平竞争审查应当建立依经济发展水平的分类实施机制、完善多元考核的官员晋升机制、确立重点行业的整体性审查机制、增设跨行业经济带动型政府补贴的豁免机制等。

Although both anti-monopoly law and fair competition review aim to protect market economy,they are not identical. Anti-monopoly law safeguards the long-term mechanism of market economy. In comparison,fair competition review pertains to the intermediate process to establishing market economy. The two goes in conflict in pursuing long-term effects and balancing short-term effects. When promoting economic efficiency enshrined by anti-monopoly law,fair competition review must face many factors that cannot be considered by the latter. Therefore,the effective enforcement of fair competition review,though should be based on antimonopoly law,must not be limited by anti-monopoly law. The key is to allow some room for appropriate government intervention for the purpose of increasing total social welfare. Consequently,in the future fair competition review should be accompanied by measures of enforcement based on economy-developing levels,improving the official promotion mechanism based on multiple factors,selecting priorities in reforming monopolized industries,and establishing exemptions for state aid that promotes vertical spill-over effects.