当前世界各国在签订自由贸易协定时越来越倾向于将竞争条款纳入自由贸易协定中。竞争条款主要涉及采纳和维持以及适用竞争规则的规定、协调与合作的规定、禁止反竞争行为与方法的规定以及在声明与适用竞争法时遵守非歧视、正当程序和透明度的规定等。竞争条款的目的在于避免贸易利益为反竞争实践所侵蚀。引入竞争条款有助于推动区域贸易自由化和区域间竞争机构和有关政策的协同和协调。我国应当倡导在自由贸易协定中纳入竞争条款,以促进区域贸易与投资、保护竞争、禁止反竞争行为、减少竞争扭曲以及加强竞争合作为目标。
More and more countries are considering incorporating competition clauses in its free trade agreements to prevent global hard-core cartels.Competition clauses involve provisions for adoption,maintenance and application of competition rules,provisions for mechanism of coordination and cooperation in the process of implementation of competition law,provisions for prohibition of anticompetitive business conduct such as anticompetitive agreements,abuse of market power and anticompetitive mergers and acquisitions,provisions for compliance with non-discrimination,procedural fairness and transparency in the application of competition law.The purpose of competition clauses is to avoid trade benefits promoted by FTAs to be eroded by anticompetitive business conduct.Introduction of competition clauses helps promote freedom of regional trade and cooperation and coordination among different competition authorities in the process of their legal enforcement.China shall introduce competition clauses in its FTAs based on promotion of regional trade and investment,protection of competition,prohibition of anticompetitive conduct,minimization of competitive distortion and expansion of government cooperation in the enforcement of competition law.