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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。
In recent years, the United Kingdom has released a series of relevant documents on competition compliance and established a relatively complete set of guidelines on the competition and compliance of enterprises. The guidance mechanism is composed of four parts: cultivation of concept of competition and compliance, system organization, knowledge support and information feedback. On the cultivation of the concept of competition and compliance, the legal awareness of competition and compliance of enterprises is cultivated through punitive measures such as deterrence and fame and fortune incentive. In the system of competition and compliance, the principle of full participation and the top-down mode are adopted CDO directed the directors of the company; on the knowledge support of competition and compliance, designed a set of “four-step method” operating rules including risk identification, risk assessment, risk reduction and systematic review; Regulatory information feedback, through case law enforcement, routine advice, market research and other ways to interact. Based on the analysis of this mechanism in the United Kingdom, this article concludes that our country should learn from the practices of the United Kingdom and promote the development of competition and compliance in our country.