试论上市公司同业竞争与关联交易问题

设立股份公司的最终目的就是为了上市,成为上市公司。而能否正确处理好同业竞争和关联交易问题对于股份公司能否上市及上市后经营活动是否能够顺利进行至关重要。法律对上市公司同业竞争和关联交易问题进行规制的重要意义不仅在于能够保障上市公司的合法利益,更在于还可以公平地维护全体股东,尤其是小股东和境外股东的合法利益。

On issues of competition in the same business and affiliated trade of listed company

The end of establishing company limited by shares is to be able to have its stock shares issued and come into market smoothly.It is essential to deal with issues of competition in the same business and affiliated trade for listing of the company limited by shares and operating smoothly after listing.The importance of regulating competition in the same business and affiliated trade is not only to protect the legitimate interests of listed company,but also to protect the legitimate interests of small and foreign shareholders and debtors of the company.