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

Florence Thepot, University of Glasgow; Droit & Croissance (Rules for Growth), Florian Hugon, Droit & Croissance (Rules for Growth), and Mathieu Luinaud, Droit & Croissance (Rules for Growth) ask Interlocking Directorates and Anti-Competitive Risks: An Enforcement Gap in Europe?

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.