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Following an introduction of key terms and concepts, this chapter explains the significance of the interaction since the inception of competition law. The origins of US antitrust closely relate to corporate issues regarding trusts. While it marked its substantive reach outside the boundaries of the firm in Copperweld, it has an established tradition of cartel criminalisation against individuals. EU competition law, which emerged as part of the market integration project, is directed to undertakings, and enforced with general indifference to internal matters. Recent trends show the growing importance of internal incentives in cartel compliance. Competition law also faces the increasing complexity of corporate arrangements, exemplified by the delicate questions of liability in corporate groups and anticompetitive effects of minority shareholdings. This book thus opens the ‘black box’ of the firm, as conceived in competition law, with legal and economic inquiry into the realm of corporate governance. This chapter introduces the law and economics methodology of the book. Although centred on the EU, developments include consideration of the US and EU member states jurisdictions when relevant. Part I focuses on the substantive dimension of the interaction, Part II on enforcement aspects, with a focus on cartel practices.
This chapter discusses the adequacy of the single entity doctrine in complex horizontal relationships, by which competitors are tied both by a market and a corporate relation. One critical implication is that agreements between competitors and their (lawfully formed) joint venture may be exempted from further scrutiny. In such cases, the single entity doctrine, if applied consistently with the principles of the theory of the firm, adequately captures anticompetitive effects of corporate arrangements.
The competitive effects of other arrangements, however, may fall short of antitrust scrutiny. In the EU and in the US, concern was raised over possible anticompetitive effects of financial ownership links which may be unchallenged. Interlocking directorates, created by directors sitting on the board of several companies, can also create uncontrolled anticompetitive risks. In the EU an enforcement gap exists because structural links do not fit into the firm/market paradigm underlying the application of Articles 101 and 102 TFEU and Merger Control. In the US, Sections 7 and 8 of the Clayton Act have substantive reach over partial acquisitions and interlocking directorates irrespective of such paradigm. Capturing anticompetitive effects of structural links may require adjustment of the substantive reach of competition law vis-à-vis, and greater insights into, corporate governance.
The development of artificial intelligence has created new opportunities and challenges in industries. The competition between robots and humans has elicited extensive attention among legal researchers. In this exploratory study, we addressed issues regarding the introduction of robots to the practice of legal service through a semistructured interviews with lawyers, judges, artificial intelligence experts, and potential clients. An extended robot lawyer technology acceptance model with five facets and 11 elements is proposed in this study. This model highlights two dimensions: ‘legal use’ and ‘perception of trust.’ In summary, this study provides new specific implications and exhibits three characteristics, namely, derivative, macroscopic, and instructive, in the legal services with artificial intelligence. In addition, artificial intelligence robot lawyers are being developed with some of the abilities necessary to substitute for human beings. Nevertheless, working with human lawyers is imperative to produce benefits from this type of reciprocity.
We document significant differences in the financing structures of small firms with managers of diverse cultural backgrounds. To isolate the effect of culture, we exploit cultural heterogeneity within a geographical area with shared regulations, institutions, and macroeconomic cycles. Our findings suggest significant cultural differences in the preference toward debt funding and in the use of formal and informal sources of financing (bank loans and trade credit). Our results are robust to alternative explanations based on potential differences in credit constraints and in the distribution of cultural origins across industries, trading partners, and headquarters locations.
There is strong interest in both developing and developed countries toward expanding health insurance coverage. How should the benefits, and costs, of expanded coverage be measured? While the value of reducing the financial risks that result from insurance coverage have long been recognized, there has been less attention in how best to measure such benefits. In this paper, we first provide a framework for assessing the financial value from health insurance. We focus on three distinct potential benefits: Pooling the risk of unexpected medical expenditures between healthy and sick households, redistributing resources from high- to low-income recipients and smoothing consumption over time. We then use this theoretical framework and an illustrative example to provide practical guidelines for benefit-cost analysis in capturing the full benefits (and costs) of expanding health insurance coverage. We conclude by considering other potential financial effects of broad insurance coverage, such as the ability to consolidate purchases and thus lower input prices.