对接CPTPP完善中国竞争规则基础制度的建议

Suggestions on improving the basic system of China’s competition rules by connecting with CPTPP

全面与进步跨太平洋伙伴关系协定(CPTPP)的竞争政策、国有企业和指定垄断条款突出强调“非歧视待遇”理念和“竞争中立”原则,旨在营造更加公平竞争的市场环境。从实践看,中国现有政策与CPTPP竞争政策和国有企业规则要求尚有差距,表现在《反垄断法》等竞争法体系有待完善,竞争执法中尚未做到完全落实非歧视待遇和公平竞争审查,国有企业改革方向与“竞争中立”原则要求仍有一定差距,履行透明度或国有企业信息披露承诺义务难度较大。中国已提出申请加入CPTPP,加快构建更高水平的公平竞争制度,各项政策制定和实施中更加强化竞争政策基础地位。应进一步完善《反垄断法》等竞争政策体系,严格落实公平竞争审查制度;深化国有企业分类治理改革,进一步鼓励扩大市场竞争;强化竞争执法透明度义务,保障申诉人合法权益;积极开展竞争政策国际协调,争取具体规则议定主动权。

The competition policy,state-owned enterprises and designated monopoly clauses of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)emphasize the concept of“non-discriminatory treatment”and the principle of“competitive neutrality”,aiming to create a more level playing field in the market environment.From a practical point of view,there is still a gap between China’s existing policies and the CPTPP competition policy and the requirements of state-owned enterprise rules,this is reflected in the lack of improvement in competition law systems such as the Anti-Monopoly Law,and Non-discriminatory treatment and fair competition review have not been fully implemented in competition enforcement,there is still certain gap between the reform direction of state-owned enterprises and the requirements of the“competitive neutrality”principle,and it is difficult to fulfill the obligation of transparency or information disclosure of state-owned enterprises.China has applied to join the CPTPP,accelerating the establishment of a higher level of fair competition system,and strengthening the basic position of competition policy in the formulation and implementation of various policies.The competition policy system such as the Anti-Monopoly Law should be further improved,and the fair competition review system should be strictly implemented;deepen the reform of classified governance of state-owned enterprises,and further encourage the expansion of market competition;strengthen the obligation of transparency in competition law enforcement to protect the legitimate rights and interests of complainants;and actively carry out international coordination of competition policy,and strive for the initiative to negotiate specific rules.