China's Fair Competition Review System, 1 Year Later

Co-authored by Lingren Meng

Law360, New York (June 28, 2017, 12:37 PM EDT) -- One year has passed since China's State Council issued, on June 1, 2016, its "Opinions of the State Council on Establishing a Fair Competition Review System During the Development of Market-Oriented Review System."¹ The opinions contemplate the creation of fair competition review systems ("FCRS") aimed at restraining the government from participating in conduct that results in local protectionism, regional blockades, industry barriers, business monopolies, and grants of preferential policies in violation of the law or illegally prejudicing the interests of market players. It was hailed as one of the most significant developments in China's effort to revamp its unique socialist market economy since the enactment of the Anti-Monopoly Law of the People's Republic of China nine years ago.²