On 26 Apr. 2023, China’s State Administration for Market Regulation issued the “Guide to the Implementation of Third-Party Assessment in Fair Competition Review” (hereinafter the “Guide”, 公平競爭審查第三方評估實施指南).
Under China’s Anti-monopoly Law, anti-monopoly regulatory authorities are empowered to investigate and assess the general competition status on the market and release assessment reports.
Pursuant to the “Detailed Rules for the Implementation of the Fair Competition Review System” (公平競爭審查制度實施細則), administrative agencies shall conduct a fair competition review to assess their impact on market competition and prevent any preclusion or restriction of market competition in developing their policies.
According to the Guide, the offices of fair competition review joint meetings (or corresponding functional bodies) of governments at all levels or all policy-making authorities may engage third-party institutions to assess the implementation of the fair competition review system, relevant policies and measures, and other relevant work of fair competition review in their respective regions or departments, and prepare assessment reports for government departments to make decisions.
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Contributors: CJO Staff Contributors Team
