英国竞争合规指引机制的考察与思考
发布时间：2019-01-06 14:34
【摘要】：近年来,英国先后发布了系列竞争合规的相关文件,建立了一套较为完整的企业竞争合规指引机制。该指引机制由竞争合规的理念培育、体系组织、知识支持和信息反馈四个部分组成。在竞争合规的理念培育上,通过惩罚威慑、名利激励等方式培养企业竞争合规的法律意识;在竞争合规的体系组织上,以全员参与为原则,通过自上而下模式,采用CDO对企业董事进行定向策动;在竞争合规的知识支持上,设计了一套含风险识别、风险评估、风险消减、系统检审在内的"四步法"操作规程;在竞争合规的信息反馈上,通过个案执法、常规咨询、市场调研等方式进行互动。本文通过对英国这一机制的分析,得出结论:我国应当积极借鉴英国的做法,推动我国企业竞争合规的发展。
[Abstract]:In recent years, the UK has issued a series of competition compliance related documents, established a more complete corporate competition compliance guidance mechanism. The guidance mechanism consists of four parts: the concept of competition compliance, system organization, knowledge support and information feedback. In the concept of competition compliance cultivation, through punishment deterrence, fame and wealth incentive and other ways to cultivate the legal awareness of enterprise competition compliance; In the system organization of competition compliance, take the participation of all staff as the principle, through top-down mode, adopt CDO to direct the director of the enterprise; In the knowledge support of competition compliance, a set of "four-step method" operation rules including risk identification, risk assessment, risk abatement and systematic review is designed. In the competition compliance information feedback, through the case law enforcement, the routine consultation, the market research and so on way carries on the interaction. Based on the analysis of this mechanism in Britain, this paper draws a conclusion that our country should actively draw lessons from the British practice to promote the development of competition compliance in Chinese enterprises.
【作者单位】： 上海政法学院竞争法研究中心;对外经济贸易大学竞争法中心;
【分类号】：D956.1;F271
，
本文编号：2402923
[Abstract]:In recent years, the UK has issued a series of competition compliance related documents, established a more complete corporate competition compliance guidance mechanism. The guidance mechanism consists of four parts: the concept of competition compliance, system organization, knowledge support and information feedback. In the concept of competition compliance cultivation, through punishment deterrence, fame and wealth incentive and other ways to cultivate the legal awareness of enterprise competition compliance; In the system organization of competition compliance, take the participation of all staff as the principle, through top-down mode, adopt CDO to direct the director of the enterprise; In the knowledge support of competition compliance, a set of "four-step method" operation rules including risk identification, risk assessment, risk abatement and systematic review is designed. In the competition compliance information feedback, through the case law enforcement, the routine consultation, the market research and so on way carries on the interaction. Based on the analysis of this mechanism in Britain, this paper draws a conclusion that our country should actively draw lessons from the British practice to promote the development of competition compliance in Chinese enterprises.
【作者单位】： 上海政法学院竞争法研究中心;对外经济贸易大学竞争法中心;
【分类号】：D956.1;F271
，
本文编号：2402923
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