Abstract:
Promoting the connection between the company law and the antitrust law is a basic requirement and an important measure to improve the market entity system. The company law and antitrust law present three conflicts: the contradiction of market subject concept identification, the deviation of market subject behavior and the imbalance of market subject responsibility. Under the overall vision of the market economy, the company law and the antitrust law seem to be harmonious but different, but in fact, they have the same destination. The autonomous characteristics of the company law and the regulatory character of the antitrust law complement each other, and the two coincide in the universal pursuit of adjustment objects, legislative objectives and optimization tools, and there is a solid basis for harmonizing rules with the help of the increasingly growing action logic of the public law of private law and the private law of public law. In terms of concept, company law and antitrust law should seek common ground while reserving differences, and maintain the balance between the consistency of ultimate goal and the heterogeneity of rule application; In defining the concept of market subject, we should take the improved company law as the main rule reference, appropriately expand the implementation of the "corporate legal personality denial system" , and improve the identification rules between controlling shareholders and actual controllers; In the operation link of market subject behavior, we need to pay attention to the provisions of the antitrust law under strong supervision, enrich the applicable conditions of the principle of "itself illegal" in commercial trading habits, innovate the group identification standard of market dominant position, increase the company registration procedure of business concentration review, and pay attention to the possible administrative monopoly behavior in the company exit mechanism; In the field of responsibility bearing of market subjects, the two should jointly establish a governance system of public-private integration, internally encourage companies to actively assume social responsibility, strengthen internal governance, establish an anti-monopoly compliance system, externally optimize the responsibility constraints and sanctions of law enforcement agencies, and actively respond to market demand.