CWR > Volume 6(1); 2020 > Article
Research Paper
Published online: March 1, 2020
DOI: http://dx.doi.org/10.14330/cwr.2020.6.1.04

Taming SOEs within a Redefined Competition Policy Framework: An Alternative Approach for Consensus?

Pinguang Ying
Shanghai University
620 Gubei Road, Shanghai 200336, P.R. China.
Corresponding Author: yingpinguang@suibe. edu.cn

ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract

With the growing concern of the international community about the negative spillover effects of SOEs on trade, reaching a consensus among different stakeholders has become increasingly urgent. This paper argues that strengthening a redefined competition policy is a feasible alternative, or at least a complementary option to the existing trade framework. The reasons are as follows: (a) surrounding SOEs is not only trade-related, but also competition-related; (b) the existing SOE disciplines have defects when it comes to dealing with competition distortion effects; and (c) characteristics of competition policy make it easier to reach a “maximum common divisor” among all parties. Accordingly, competition policy needs to be redefined and pursued from an international and domestic level. It is necessary to strengthen the fundamental position of competition policy in China by integrating it into SOE reform measures, advancing the implementation of the Fair Competition Review System, and promoting the construction of the competitive neutrality system.

Keywords : SOEs, Competition Policy, Trade Policy, Fair Competition Review, Competitive Neutrality

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