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Research Handbook on Competition and Corporate Law

Research Handbook on Competition and Corporate Law

Author: Florence Thépot; Anna Tzanaki
Publisher: Edward Elgar Publishing
ISBN: 9781803920542
Published In: July 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This Research Handbook adopts an interdisciplinary approach to examine the nexus between competition law and corporate law, engaging with legal systems across the Americas, Asia and Europe.

Combining theoretical, empirical and case-based research, leading experts in the field present insights into topical areas at the intersection of competition law and corporate law, such as the purposes underpinning competition and corporate law, the boundaries of the firm, corporate structures and their effects on competition, and the interplay between corporate governance, compliance and antitrust enforcement. They identify commonalities or points of divergence, and explain why the joint perspective of the corporation and of the market is needed to better understand these subjects. The chapters shed light on the varying legal and economic conceptions of the ‘firm’ and how these play out and interact or occasionally clash. They also reveal the deep and ever evolving interaction between competition and corporate law throughout history and given modern market realities. This Research Handbook provides detailed explorations of consumer welfare, shareholder primacy and managerial liability, as well as in-depth discussions on common ownership, interlocking directorates, killer acquisitions, corporate board diversity, ESG and antitrust sanctions.

This is a beneficial read for students and academics in competition and corporate law, economics and corporate finance. The broad range of case studies and empirical insights also makes this a valuable tool for legal practitioners and policymakers.

Introduction to the Research Handbook on Competition and Corporate Law xiii

Florence Thépot and Anna Tzanaki

List of Tables xxv

List of Figures xxvii

PART I. PURPOSES AND PARADIGMS IN COMPETITION AND CORPORATE LAW

Shareholder Primacy and Consumer Welfare 2

Francesco Ducci and Alvaro Pereira

Market Power and Shareholder Control 26

Saura Masconale and Simone M. Sepe

Varieties of Capitalism, Competition, and Prosocial Corporate Purposes 47

Massimiliano Vatiero

Corporate Governance and Antitrust: Lessons from Japanese Occupation

Policy 67

J. Mark Ramseyer

Markets, Competition, and Fairness 83

Eliana Garcés and Giuseppe Colangelo

ESG: The Corporate and Antitrust Puzzle 104

Marco Corradi and Julian Nowag

PART II. THE FIRM AND ITS BOUNDARIES

The Undertaking and Single Entity Doctrine in EU and UK Competition Law: Proposals for a Refined Approach 128

Stephen Daly and Alison Jones

The Single Economic Entity Doctrine 152

Thomas K. Cheng

Undertakings and Legal Entities as Addressees of Articles 101 and 102 TFEU 170

Marcos Araujo Boyd

10.

Enforcement of EU Competition Law Against Groups of Companies: The Calculation of Fines 193

Carsten Koenig

11.

Family Ties and the Boundaries of the Firm in Antitrust Law 218

Mariana Pargendler, Maria Luiza Mesquita e Silva and Lucas Víspico

PART III. CORPORATE ORGANISATION AND EFFECTS ON COMPETITION

12.

Common Ownership in Europe and the US: A Network Analysis Approach 235

Nuria Boot, Albert Banal-Estañol and Jo Seldeslachts

13.

Common Ownership: The Paradox in Japan’s Corporate Governance 251

Steven Van Uytsel

14.

Addressing Common Ownership Through Abuse of Collective Dominance 271

Giorgio Monti

15.

Interlocking Directorates in the United States 288

Yaron Nili

16.

Interlocking Directorships: Evidence from a Natural Experiment by Israeli Competition Law 310

Moran Ofir and Anat Alon-Beck

17.

“Killer Acquisitions” or “Killing Innovation”: Antitrust Implications of the New Wave of Tech Acquisitions and the New European and Italian Regimes for Below-Threshold Mergers 331

Valeria Falce and Nicola M. F. Faraone

18.

Antitrust in an Age of New Modes of Economic Organization 367

Teodora Groza

PART IV. CORPORATE GOVERNANCE AND ANTITRUST COMPLIANCE AND ENFORCEMENT

19.

When Bad Things Happen in Good Business: The Need for Compliance Focused Antitrust Enforcement 390

Andreas Stephan

20.

Antitrust and Regulatory Compliance in the 21st Century: New Challenges, New Opportunities and the Role of AI 410

Rosa M. Abrantes-Metz and Albert D. Metz

21.

The Effect of Corporate Board Gender Diversity on Compliance with EU Competition Law 424

Amber Scheepers

22.

CEO Turnover and Shareholder Awareness in Cartel Cases 449

Catarina Marvão and Giancarlo Spagnolo

23.

Managerial Liability, Managerial Duties, and Liability Within Corporate Groups: Optimal Competition Law Sanctions by Rearranging the Deckchairs Within the Undertaking? 474

Florian Wagner-von Papp

24.

Management Liability for Companies’ Antitrust Fines 535

Jens-Uwe Franck and Till Seyer