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The 2nd í░Series Lectures of China Lien Fellow Speakersí▒ was successfully held in RUC Law School

  On November 24, 2018, hosted by Lien Ying Chow Legacy Fellowship of Nanyang Technological University (NTU) of Singapore, organized by RUC Law School, the 2nd "Series Lectures of China Lien Fellow Speakers": "Competition Policy,s Development in China", was successfully held in RUC Law School. Li Qing, the Lien Fellow and vice director of Price Supervisory Inspection and Anti-unfair Competition Bureau of State Administration for Market Regulation, gave the keynote speech, and Meng Yanbei, the professor of RUC Law School served as the host.


  Before the speech, director Hu Rong, the chairman of Lien Ying Chow Legacy Fellowship, firstly showed sincere welcome to all attendees and introduced the basic information of the speaker today. Prof. Han Liyu welcomed director Li on behalf of RUC.


  During the speech, director introduced the concept of competition policy, its developing process in China and fair competition investigation system respectively. She asserted that competition policy was carried out with the aim of promoting market competition and making sure market allocation of resources. Competition policy was the mark of market economy and the difficulty of coordinating it with the society reflected the stage we were going through. The competition policy in China had to deal with not only the exclusion of restriction on competition led by administrative power, which was inevitable for market economy, but the inertia and leftover problems resulted from the changes from planned economy to market economy. In general, Anti-trust enforcement and fair competition investigation were two tools of Chinese competition policy. There might be new policy tools in the future with the development of Chinese economy.

  The development of Chinese competition policy could be divided into two parts. The first one was from 1978 to 2008. During this period, Chinese economy reform was promoted steadily and the relationship between government and market was established gradually until the Anti-trust Law was issued and enforced, which made competition policy be one provision of law. As a result, driven by commodity, competition, market and other elements, competition policy stepped onto the stage of history little by little. The second stage was from 2008 to 2016. In this period, with the ever-deepening economic system reform, fair competition investigation system was also mature gradually. Director Li expected that the policy would get its fundamental status in China and led healthy and sustainable development to Chinese economy.
  She focused on the fair competition investigation system and its enforcement. The objects of the system included all policies and measures that relevant to market subjects, economic activities and gave consideration to both the new policies and the old ones. Its self-censoring approach enabled the investigation to work. Moreover, it inspected from the dimensions of national unified market and fair competition and clarified 18 prohibitive criteria, which could be separated into four categories. Besides, it reserved exception room for some special situations including national economic safety, national defense security, poverty alleviation, environmental protection and so on. The system had various safeguard measures, consisting of holding joint conference and making matched rules. Nowadays, the system had basically founded and organization work were carrying out orderly. The stock was being cleaned steadily and the increment examination was going on simultaneously. According to director Li, other problems like the accountability system, third-party evaluation system and the refining of exceptional rules were being studied further.
  Prof. Wu Honghan of the school of Economics of RUC, Prof. Han Liyu of RUC Law School, Prof. Xiao Jiangping of the law school of Peking University and Prof. Zhang Chenying of the law school of Tsinghua University made comments on the speech.
  Prof. Wu thought we should pay attention to the systematic function of competition policy and the relationship between competition policy and industry policy, as well as further study the interaction of innovation and anti-trust.

  Prof. Xiao raised his questions in terms of the judicial review in fair competition investigation system. From director Li,s perspective, the Anti-trust Law had stipulated the ways to judicial remedies when the abuse of administrative power had excluded the restriction on competition. Even if the system didn,t have relevant regulations the judicial remedies wouldn,t be influenced. Prof. Xiao then shared his own opinions about the system.

  Prof. Zhang maintained that under such situation we had better determine the operators, illegality according to their subjective fault, which was recognized by director Li.

  Prof. Han thanked director Li for her clear and accurate elaboration about the development of competition policy in China.
  Present students proposed questions and director Li responded them one by one. The lecture ended in warm applause.

Editorú║ZHANG Jiayun

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