The Interaction Between Competition Law and Corporate Governance: Opening the 'Black Box' [Hardcover]

This book provides the first systematic account of the relationship between competition law and corporate governance.This book explores the interaction between competition law and corporate governance. It will appeal to an audience of lawyers and non-lawyer competition professionals in the US, UK, and EU, as well as other jurisdictions with competition law regimes.This book explores the interaction between competition law and corporate governance. It will appeal to an audience of lawyers and non-lawyer competition professionals in the US, UK, and EU, as well as other jurisdictions with competition law regimes.Florence Th?pot provides the first systematic account of the interaction between competition law and corporate governance. She challenges the 'black box' conception of the firm- or 'undertaking' - in competition law, as applied to increasingly complex corporate relations. The book opens the 'black box' of the firm to understand the internal drivers of collusive behaviour, and proposes a unified approach to cartel enforcement, based on the agency theory. It explores key issues including corporate compliance programmes, the attribution of liability in corporate groups, and structural links between competitors, and should be read by anyone interested in how the evolution of the corporate landscape impacts competition law.1. Introduction; 2. Theoretical foundations; Part I. The Conception of the Firm: Moving Boundaries: 3. The firm in competition law; 4. The single entity doctrine in vertical relations; 5. The single entity doctrine in horizontal relations; Part II. Opening the 'Black Box': The Case of Cartels: 6. Corporate governance insights into cartels; 7. Cartel enforcement: sanctions and leniency; 8. Cartel enforcement: corporate compliance programmes; 9. Conclusion.'Overall, this is an appealing, well-structured monograph, which explains in an approachable manner a set of very complex and controversial problems that emerge when competition law scholarship sel£Y