Journal of Jishou University(Social Sciences)

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The Particularity of State-owned Enterprise and the Enforcement of Fair Competition Investigation

LI Guohai   

  1. (College of Law,Central South University,Changsha 410083,China)
  • Online:2017-07-01 Published:2017-06-21

Abstract: State-owned enterprises are of particular missions,which shall be considered in understanding the basic principles of fair competition review,especially in dealing with the relationship between competitive priority and competitive neutrality.Some state-owned enterprises,which are of administrative functions,may be the maker of public policy and the subject of fair competition review.Thus,it is necessary to pay attention to the selection of different fair competitionInvestigation modes and the combination of self-censorship of state-owned enterprises and external supervision of enforcement agency.It is possible for state-owned enterprises to be specifically and specially treated by certain public policy,which shall be taken into special consideration in the enforcement of fair competition review.Firstly,the enforcement of fair competition investigation shall make rule of legality as the core and rule of reason as supplementary.Secondly,the review process shall give full play to the role of checks and balances by way of participation mechanism of interested party.

Key words: state-owned enterprises, fair competition investigation, subject of investigation, interested party

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