Measures for Implementation of Regulations on Fair Competition Review Issued by SAMR
ISSUING AUTHORITY:
State Administration for Market Regulation
DATE OF ISSUANCE:
March 18, 2025
EFFECTIVE DATE:
April 20, 2025
In order to thoroughly implement the Regulations on Fair Competition Review (“Regulations”), strengthen fair competition review, maintain fair competition market order, and accelerate the construction of a unified national large market, the State Administration of Market Regulation (SAMR) recently issued the Measures for the Implementation of the Regulations on Fair Competition Review (“Measures for Implementation”), which was officially implemented on April 20.
The Measures for Implementation consists of 48 articles. Under the framework of the Regulations, the Measures for Implementation detailed and improved the general requirements for fair competition review, departmental responsibilities, review standards, review mechanisms, review procedures, and supervision safeguards etc. The main contents are as follows:
First, clarification of the overall requirements for fair competition review. The Measures for Implementation clearly define the scope of fair competition review; determine the specific responsibilities of the SAMR and local market supervision departments to guide and organize the implementation of the fair competition review system. The market supervision departments shall implement a fair competition review system, improve the fair competition review mechanism, strengthen the fair competition review capacity building, and strengthen the responsibility of the fair competition review.
Second, refinement of the review criteria. Four aspects of the review criteria, namely, restricted or disguised restrictions on market access and exit, restrictions on the free flow of commodity factors, behaviour affecting production and business costs, and behaviour affecting production and business behavior, are refined into 66 specific circumstances for the market supervision departments to accurately understand and standardize applications. Concepts such as "there is no alternative that has less impact on fair competition" and "reasonable implementation period" in the exception provisions are clarified so as to prevent the exception provisions from being abused and damaging market competition.
Third, improving the review mechanism. Specific requirements regarding the procedures and contents of the fair competition review carried out by the market supervision departments and the ways and scope of listening to the opinions of stakeholders are clarified. The scope of policies and measures and working procedures for fair competition review by the market supervision department are elaborated upon.
Fourth, strengthening supervision and guarantees. The procedures for handling fair competition reviews and reports shall be improved and fair competition review and selective examination mechanisms shall be established and improved. Measures such as supervision and rectification, interviews, written reminders and administrative suggestions for violations of the Regulations are provided. Strengthening accountability and ensuring the implementation of the system are connected with the anti-monopoly Law.
The SAMR shall seriously implement the Measures for Implementation, actively take actions to improve the ability to review fair competition, strictly carry out fair competition reviews of policies and measures, and stop various regulations and practices that hinder the national unified market and fair competition at the source.
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