Does the Authoritative Regulation on Fair Competition Review Mean the End of Subsidies for (Foreign) Investors in China?

Abstract

The following article discusses the Regulation on Fair Competition Review that took effect on 1 August 2024. The regulation contains new standards for the evaluation of fair competition and specifies certain content that the authorities may no longer include in their regulatory actions. Here the authors examine key elements of the regulation as well as its purpose and context, and they discuss the potential rationale behind it. The article concludes with a discussion of both the practical and legal implications of the regulation for (foreign) investors, and it suggests certain actions that may be taken.