Interlocking Directorates and Anti-Competitive Risks: An Enforcement Gap in Europe?

Posted by Social Science Research Network

Interlocking Directorates and Anti-Competitive Risks: An Enforcement Gap in Europe?

Florence Thépot, Florian Hugon & Mathieu Luinaud (Droit & Croissance)
Abstract:       Interlocking directorates between competitors may raise significant anti-competitive risks, which attract little attention in comparison to that posed by other structural links, such as minority shareholdings. This article provides a systematic analysis of the ability of current legal tools of competition law, as well as of company law and corporate governance to address those anti-competitive risks, and thereby, highlights the existence of an enforcement gap in Europe.