公平竞争探讨:美国经验带来的启示

Probe into Fair Competition: Enlightenment from US Experience

目前,中国已经颁布了《关于在市场体系建设中建立公平竞争审查制度的意见》,该意见旨在防止政府过度和不当干预市场,以加快建设统一开放、竞争有序市场体系。基于历史的原因,中国的行政垄断问题严重,因此该意见的出台对中国来说意义重大。对于公平竞争审查这一新的工具,中国反垄断执法机构将面临的问题是,如何才能富有成效地开展公平竞争审查工作。根据美国经验,最成功的办法是FTC官员、律师和经济学家通过深入研究,以识别特定行业中的限制竞争政策或手段。在医疗保健行业、房地产和抵押贷款、在线销售及共享经济等领域,美国在识别及打击限制竞争法规或做法方面,积累了有益的经验。我希望中国反垄断执法机构能够合理运用公平竞争审查机制,而FTC的经验对中国会有所借鉴和启发。

In order to prevent government from intervening in the market overly and unduly, to establish a unified and open, competitive and orderly market system, China has recently issued Several Opinions on Establishing Review Mechanism for Fair Competition in Market Economy System. Given historical reasons, administrative monopoly is relatively common in China, which further illustrates the significance of the Several Opinions. As to this new tool of review mechanism, AML enforcement agencies in China are facing the issue of how to implement the mechanism with high efficiency. Taking example of US, the relatively successful pathway is for FTC officials, lawyers and economists to go deeper to identify public policies or administrative measures which restrict competition in specific industry, such as health care, real-estate, online sales and sharing economy. I hope that FTC's experience will shed light on enforcement agencies in China to apply the review mechanism in a fair and reasonable way.