公司治理与反垄断合规OACHSSCD

As an independent legal entity,a company needs to balance economic interests and social responsibilities in its operation.The Company Law and the Antimonopoly Law guide and regulate corporate behavior from different perspectives:internal and external,advocacy and prohibition.The overall socio-economic perspective shows a positive correlation between the state of market competition and the level of corporate governance,and the self-interested individual incentive perspective shows that the interests of the company and its internal management may diverge,so the antitrust law assessment needs to introduce the factor of corporate governance,and the corporate governance needs to be permeated with antitrust compliance considerations.The interaction between the two laws is most typically manifested in the monopoly agreement control system in the specific system of antitrust law.From the perspective of corporate governance and antitrust compliance,the Company Law needs to clarify the nature of the liability of compliance management in the construction of the company's compliance system,and define it as strict liability rather than negligence liability;the Antitrust Law should take into account the company's internal governance mechanism and status when determining monopolistic behavior.