The research is an examination of the question of whether China, with a substantial number of state-owned enterprises (SOEs) active in the market, can effectively maintain a level playing field through the existing competition law and policy framework and, if not, what strategies it could adopt to address this problem. The book takes the position that the current competition law and policy in China has limited effect in ensuring a level playing field between SOEs and non-SOEs. To be clear, the book does not suggest that the existing Chinese competition law (the Anti-Monopoly Law 'AML') and competition policy completely fail to address competition concerns caused by Chinese SOEs; on the contrary, there are cases that suggest that SOEs, like all the other market players, are under the scrutiny of the AML and will continue to be so in the future. Chinese competition policy is developing into a more comprehensive policy, and the newly established Fair Competition Review System ('FCRS') potentially addresses one aspect of competitive neutrality concerns caused by SOEs, the regulatory advantages of SOEs. Collectively, the book argues that the application of AML and the FCRS cannot address all aspects of competitive neutrality concerns caused by SOEs, leaving the issue of lack of a level playing field between SOEs and non-SOEs unaddressed in China's market. Given the current reform of SOEs has increased pressure upon Chinese SOEs to be more competitive, this book argues that it is a good time for China to reconsider how to ensure competition between SOEs and non-SOEs is based on efficiency, rather than on who can benefit from government ownership and political connections. The book also provides recommendations on how to draft a Chinese competitive neutrality policy that could accommodate China's distinctive political and economic circumstances. The proposed measures, if adopted, would provide stronger domestic competition, and would help Chinese SOEs to be more competitive in the market.



TABLE OF CONTENTS



Introduction


Foreword



Chapter 1

Introduction


Chapter 2

Background Context and Definitions


Chapter 3

Understanding the Reform of SOEs in China


Chapter 4

A Comparative Analysis of Australia’s Responses to the Competitive
Neutrality Problems Caused by SOEs


Chapter 5

Preliminary Analysis of Competitive Neutrality Concerns in China


Chapter 6

A Critical Evaluation of China’s Response to the Lack of Competitive
Neutrality in the Market


Chapter 7

Implementation of Competitive Neutrality Policy in Australia


Chapter 8

Make Competitive Neutrality Happening in the Chinese
Legal System


Chapter 9

Conclusion