Boardroom Behaviour and the Law: Corporate Governance and Risk Mitigation

This book examines how various areas of law collectively influence the relationship between a company and its directors, particularly in safeguarding the long-term interests of stakeholders.

Directors' inappropriate actions can expose a company to significant corporate risks, particularly in relation to regulatory violations, such as breaches of competition law. When directors engage in such misconduct, company law and corporate governance provide certain control mechanisms that allow the company to manage these risks. Additionally, directors can be discouraged from engaging in such behaviour by the threat of being held accountable for violations of competition law. This book evaluates various tools designed to regulate directors' behaviour and ensure accountability, questioning whether the legal frameworks strike the right balance between corporate liability and personal accountability. It argues that these mechanisms do not sufficiently protect the long-term interests of stakeholders, and that shortcomings in the law leave companies vulnerable to directors' misconduct, which cannot be adequately addressed through traditional risk management strategies.

This book will be of interest to researchers in the field of corporate law, competition law and corporate governance.