Fair Competition Regulations of the Hainan Free Trade Port was promulgated on 30 Sept. 2021, and entered into force on 1 Jan. 2022.
The Regulations consists of 35 articles, aiming to promote fair competition and protect the legitimate rights and interests of both business operators and consumers.
The key points are as follows.
1. Are overseas entities subject to the Regulations?
Yes.
Hainan shall implement the negative-list system for investment and cross-border trade in services. For fields not on the negative list, domestic and overseas investors and service providers shall compete fairly (Art. 15).
2. What are the rights of the person being investigated?
The person being investigated and the interested party are entitled to the rights to be heard and defended, but shall not obstruct the investigation of the law enforcement agency (Art. 28).
3. Can the consumers report any antitrust violation?
Yes.
Consumers can report in written form to provide relevant facts and evidence to market regulators (Art. 24) and file a lawsuit with a court (Art. 32).
Cover Photo by Pavel Roev on Unsplash
Contributors: CJO Staff Contributors Team
