In order to thoroughly implement the spirit of the sixth meeting of the Central Committee on Finance and Economics, implement the deployment requirements of the State Council, and govern the disorderly competition of enterprises in accordance with the law and regulations, the State Development and Reform Commission and the General Administration of Market Supervision recently issued the Announcement on Governing the Disorderly Competition of Prices and Maintaining a Good Market Price Order (hereinafter referred to as the Announcement). Relevant responsible comrades of the National Development and Reform Commission were interviewed on the Announcement and answered questions from reporters.
First, what is the background of the announcement?
Answer: Price competition is one of the important ways of market competition. In the socialist market economy, the role of market mechanism in the rational allocation of resources is based on the normal play of the price mechanism, and the normal play of the price mechanism is based on the benign price competition. At present, the phenomenon of disorderly competition in some industries in China may lead to bad money driving out good money, which has a negative impact on industry development, product innovation, quality and safety, and is not conducive to the healthy development of the national economy. In order to solve this problem, the state is organizing and implementing policies and measures to resolve structural contradictions in key industries, promote the withdrawal of backward and inefficient production capacity, and expand the supply of high-end production capacity. At the same time, price policy and industrial policy need to work together to take effective measures to effectively control price disorder competition and maintain a good market price order. To this end, the State Development and Reform Commission and the General Administration of Market Supervision have formulated the Announcement in accordance with laws and regulations such as the Price Law and the Tendering and Bidding Law. On the premise of protecting the independent pricing power of operators,
the Announcement takes measures such as investigating and evaluating the average cost of the industry, strengthening price supervision and standardizing bidding behavior to maintain a fair competitive market environment in accordance with the idea of combining pre-guidance with post-supervision.
2. What role can average cost of research and evaluation industry play?
Answer: According to the Announcement, industry associations and other relevant institutions, under the guidance of the National Development and Reform Commission, the General Administration of Market Supervision and the competent departments of the industry, can investigate and evaluate the average cost of the industry in key industries with prominent problems of disorderly price competition. To carry out this work can play three roles: First, to provide a reference for operators to make reasonable pricing. Operators can optimize pricing strategies, set reasonable prices and standardize price behavior by combining their own costs with the average cost of the industry. This does not affect the operator's independent pricing according to law, and the "lower than cost" involved in the improper price behavior refers to the lower than operator's own cost. The second is to guide operators to improve production and management. Operators can understand the situation of the whole industry, further optimize production and operation, promote quality upgrading, and provide consumers with reasonably priced goods and services. The third is to evaluate the competition situation in the industry. By comparing the average cost and market price of the industry, we can monitor and evaluate the competition situation of the industry more accurately, and provide reference for macro-control.
At the same time, the announcement emphasizes that trade associations should strictly abide by the provisions of the Price Law and the Anti-monopoly Law, promote industry self-discipline, and guide operators to jointly maintain fair competition order in the industry.
3. What regulatory measures will be taken for operators with disorderly price competition?
Answer: The state supports and encourages normal market competition, and the Notice proposes three regulatory measures for operators with disorderly price competition. One is to remind and warn. Operators suspected of disorderly price competition are reminded and warned to consciously regulate price behavior and strictly abide by the bottom line of price competition. Second, supervision and law enforcement. Operators who have not yet standardized their price behavior after warning should be paid special attention to, and cost investigation and price supervision and inspection should be carried out when necessary. If price violations are found, they should be investigated and dealt with according to law. Third, punishment for dishonesty. Give full play to the role of credit supervision and implement punishment for dishonesty in accordance with the law and regulations.
4. What are the requirements of the Announcement for regulating the tendering and bidding behavior of operators?
Answer: The current laws and regulations focus on regulating price competition in the field of tendering and bidding, and make clear provisions on the tendering and bidding behavior of operators. For example, the Tendering and Bidding Law stipulates that a bidder shall not bid at a price lower than cost; the Regulations for the Implementation of the Tendering and Bidding Law stipulates that if the bid price is lower than cost, the bid evaluation committee shall reject the bid. In view of the problem of low-price and low-quality bidding in some industries, the Announcement requires operators to strictly abide by the provisions of the Law on Tendering and Bidding and the Regulations on the Implementation of the Law on Tendering and Bidding, consciously standardize the conduct of tendering and bidding, and not bid at a price below the cost, so as to ensure the quality of products and services. It should be noted that the cost here refers to the operator's own cost. If the operator's bid price is lower than average cost of the industry but higher than its own cost, it is not a bid that should be rejected.
5. How to implement the Announcement?
Answer: The National Development and Reform Commission and the General Administration of Market Supervision will guide all localities to manage the disorderly competition of enterprises in accordance with the basic ideas and key measures put forward in the Announcement. One is to carry out policy publicity. Focusing on the management of disorderly price competition, we should carry out in-depth policy publicity, prompt operators to operate in accordance with the law, improve product quality and service level, and maintain a good market price order. The second is to promote industry self-discipline. Strengthen prior guidance, give full play to the role of trade associations, promote key enterprises to take the lead in abiding by the requirements of laws and regulations, and consciously regulate price behavior. Third, strengthen market monitoring. Closely monitor the operation of market prices and industry competition, and timely find clues to the problem of disorderly price competition. Fourth, strengthen supervision and law enforcement. We will implement the regulatory measures proposed in the Announcement, investigate and punish price violations according to law, and maintain a fair competitive market environment.
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