The Interaction Between Competition Law and Corporate Governance
Opening the 'Black Box'

This book provides the first systematic account of the relationship between competition law and corporate governance.

Florence Thépot (Author)

9781108422499, Cambridge University Press

Hardback, published 14 February 2019

316 pages, 2 b/w illus. 1 table
23.5 x 15.7 x 2.1 cm, 0.57 kg

'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 searches for guidance from neighbouring areas, which know the internal mechanics of the corporate/institutional decision-making process better.' Oles Andriychuk, European Intellectual Property Review

Florence Thépot 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.

Subject Areas: Criminal law & procedure [LNF], Competition law / Antitrust law [LNCH], Company, commercial & competition law [LNC], Corporate governance [KJR]