细化审查标准 强化刚性约束--市场监管总局解读新出台的《公平竞争审查条例实施办法》

Core Viewpoint - The newly implemented "Implementation Measures for Fair Competition Review Regulations" aims to enhance the enforcement of fair competition standards and address issues such as local protectionism and hidden barriers in the market [1][2]. Group 1: Implementation of Fair Competition Review - The "Implementation Measures" will take effect on April 20, 2024, and are designed to regulate local protectionism, regional blockades, and industry barriers that have not been fully addressed [1][5]. - Since the introduction of the "Regulations," market regulatory authorities have conducted fair competition reviews on 19,600 important policy documents, improving the legal framework for fair competition [1][3]. Group 2: Specific Provisions and Standards - The "Implementation Measures" detail the overall requirements, departmental responsibilities, review standards, mechanisms, procedures, and supervision measures for fair competition reviews, expanding the 19 review standards in the "Regulations" to 66 specific scenarios [3]. - The measures clarify that fiscal rewards or subsidies cannot be selectively given to specific operators based on their registration or tax status, aiming to prevent malicious competition in investment attraction [2][3]. Group 3: Enforcement and Accountability - The measures stipulate that if a drafting unit is found to abuse administrative power to exclude or restrict competition, it will be investigated according to the Anti-Monopoly Law [4]. - The market regulatory authority will enhance enforcement efforts to prevent the abuse of administrative power and ensure compliance with fair competition standards [4][5].