Essec\Faculty\Model\Contribution {#2216
#_index: "academ_contributions"
#_id: "14106"
#_source: array:26 [
"id" => "14106"
"slug" => "enforcing-corporate-opportunity-rules-antitrust-risks-and-antitrust-failures"
"yearMonth" => "2023-07"
"year" => "2023"
"title" => "Enforcing Corporate Opportunity Rules: Antitrust Risks and Antitrust Failures"
"description" => "CORRADI, M. et NOWAG, J. (2023). Enforcing Corporate Opportunity Rules: Antitrust Risks and Antitrust Failures. <i>European Business Law Review</i>, 34(2), pp. 293-324."
"authors" => array:2 [
0 => array:3 [
"name" => "CORRADI Marco"
"bid" => "B00770844"
"slug" => "corradi-marco"
]
1 => array:1 [
"name" => "NOWAG Julian"
]
]
"ouvrage" => ""
"keywords" => array:7 [
0 => "Corporate opportunity rules"
1 => "innovation"
2 => "disruptive innovation"
3 => "market foreclosure"
4 => "antitrust"
5 => "competition law"
6 => "EU competition law"
]
"updatedAt" => "2024-06-18 10:53:26"
"publicationUrl" => "https://kluwerlawonline.com/journalarticle/European+Business+Law+Review/34.2/EULR2023020"
"publicationInfo" => array:3 [
"pages" => "293-324"
"volume" => "34"
"number" => "2"
]
"type" => array:2 [
"fr" => "Articles"
"en" => "Journal articles"
]
"support_type" => array:2 [
"fr" => "Revue scientifique"
"en" => "Scientific journal"
]
"countries" => array:2 [
"fr" => null
"en" => null
]
"abstract" => array:2 [
"fr" => "This paper identifies the potential competitive harm in the enforcement of corporate opportunity rules and shows that antitrust intervention cannot sufficiently address such harm. It suggests that the current antitrust framework is ill-suited to tackle the anticompetitive risks, in particular, regarding effects on innovation. The paper first explains corporate opportunity rules in EU Member States and in USA corporate law and their strategic use in a business context, highlighting also why they may be efficient. Then, it highlights possible negative effects of a strategic use of these rules on competition in terms of static and dynamic efficiency. Having stressed the abovementioned competitive implications, the paper engages in an analysis of the current framework of competition law to show how competition law provisions are, in most cases, ill-suited to address the potential anticompetitive harm of corporate opportunity rules. Finally, it recommends a way forward based on corporate law reform."
"en" => "This paper identifies the potential competitive harm in the enforcement of corporate opportunity rules and shows that antitrust intervention cannot sufficiently address such harm. It suggests that the current antitrust framework is ill-suited to tackle the anticompetitive risks, in particular, regarding effects on innovation. The paper first explains corporate opportunity rules in EU Member States and in USA corporate law and their strategic use in a business context, highlighting also why they may be efficient. Then, it highlights possible negative effects of a strategic use of these rules on competition in terms of static and dynamic efficiency. Having stressed the abovementioned competitive implications, the paper engages in an analysis of the current framework of competition law to show how competition law provisions are, in most cases, ill-suited to address the potential anticompetitive harm of corporate opportunity rules. Finally, it recommends a way forward based on corporate law reform."
]
"authors_fields" => array:2 [
"fr" => "Droit "
"en" => "Business Law"
]
"indexedAt" => "2024-11-23T21:21:44.000Z"
"docTitle" => "Enforcing Corporate Opportunity Rules: Antitrust Risks and Antitrust Failures"
"docSurtitle" => "Journal articles"
"authorNames" => "<a href="/cv/corradi-marco">CORRADI Marco</a>, NOWAG Julian"
"docDescription" => "<span class="document-property-authors">CORRADI Marco, NOWAG Julian</span><br><span class="document-property-authors_fields">Business Law</span> | <span class="document-property-year">2023</span>"
"keywordList" => "<a href="#">Corporate opportunity rules</a>, <a href="#">innovation</a>, <a href="#">disruptive innovation</a>, <a href="#">market foreclosure</a>, <a href="#">antitrust</a>, <a href="#">competition law</a>, <a href="#">EU competition law</a>"
"docPreview" => "<b>Enforcing Corporate Opportunity Rules: Antitrust Risks and Antitrust Failures</b><br><span>2023-07 | Journal articles </span>"
"docType" => "research"
"publicationLink" => "<a href="https://kluwerlawonline.com/journalarticle/European+Business+Law+Review/34.2/EULR2023020" target="_blank">Enforcing Corporate Opportunity Rules: Antitrust Risks and Antitrust Failures</a>"
]
+lang: "en"
+"_type": "_doc"
+"_score": 8.60102
+"parent": null
}
