On The Legal Responsibility Of The "Controlling Behavior" Between Parent And Subsidiary Companies In Anti-Monopoly Law

With their own independent legal personality,parent and subsidiary companies can easily cause the phenomenon that parent companies control subsidiaries to engage in monopoly or unfair competition activities under the provisions of limited liability of shareholders.And one of the important influences lies in the relationship between the parent and subsidiary companies which likes "trunk" and the "twig" under the parent-subsidiary structure.The "trun" can control the growth direction,mode and progress of the "twig" to draw more "nutrients" for itself.At present,in the domestic regulatory practice of this issue,it has fallen into the embarrassment that the definition of the subject status is vague,the scale of law enforcement is different,and the scope of punishment is difficult to grasp.By sorting out some of the realities of using the "twigs" to make profits and discarding the "twigs" to protect the "trunks",this paper explores the separation of abuse of control between parent and subsidiary companies into positive and negative behaviors,so that makes the parent company use the subsidiary company and the control company use the agency company to engage in monopoly or unfair competition which can be blamed for vicarious liability and negligent liability,and then establish a three-dimensional responsibility mechanism that takes into account both lower-level costs and larger social benefits,including control behaviors of inter-company,responsibilities,liability applications,and liability exemptions,in order to better enhance the economic system's governance system density and governance capability accuracy.