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Meng Yanbei: Research on the Fair Competition Review of Industrial Policy


Abstract: The reform trend of China's industrial policy is the competition-friendly industrial policy. Fair competition review£¬which is in line with the goal of China's industrial policy reform£¬can make competition evaluation of the policy measures£¬strive to minimize the damage to competition by the policy measures£¬and be- ¡ª 194 ¡ª THE JURIST come one of the most important ways of industrial policy reform. On the basis that China clarified the road map of the fair competition review of industrial policy£¬and by means of impetus from the effective implementation of China's anti-monopoly law£¬the fair competition review of China's industrial policy will follow analytical framework from the proportionality principle£¬namely analyze whether the purpose of industrial policy is justified£¬analyze whether policy measures can achieve the industrial policy purpose£¬analyze whether the policy measure is the ¡°least harmful¡±to market competition£¬analyze whether the industry policy purpose and competition damage can realize the balance of interests. The fair competition review of industrial policy can prevent and reduce the emergence of administrative monopoly behaviors£¬effectively restrain the negative effects of China's industrial policy£¬and keep the influence of industrial policy on market competition within necessary£¬reasonable and appropriate boundary.

Key Words Industrial Policy; Competition-Friendly; Fair Competition Review; Proportionality Principle; Anti-Monopoly Law

(Editor: Liu Xiaoling)

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