Corporate Opportunities: A Law and Economics Analysis

This book offers a comparative analysis of corporate opportunities doctrines, considering common law and civil law rules and using a law and economics approach. It explores institutional complementarities and industrial complementarities, assesses the impact of globalisation on legal reform, and analyses the problems related to the application of corporate opportunities rules to cross-border venture capital. It proposes different sanctions for undisclosed and disclosed misappropriations, supports the idea that sanctions should be set against disclosure and not authorisation, and considers the possibility of a more flexible treatment of disclosed misappropriations. It is rooted in law and economics but emphasises how corporate opportunities rules fit within a broader set of institutional dynamics that affect innovation, industrial efficiency, and economic competitiveness.

Format: Paperback / softback
Length: 384 pages
Publication date: 23 March 2023
Publisher: Bloomsbury Publishing PLC

This open access book offers a thorough examination of corporate opportunities doctrines from a comparative perspective, drawing on both common law and civil law rules and employing a law and economics approach. It broadens the conventional view on corporate opportunities, recognizing the adoption of corporate opportunities rules in civil law jurisdictions and the evolving strategies of investors. The book explores multiple jurisdictions and their economic and industrial environments, assessing the impact of globalisation on legal reform. It also analyses the challenges associated with applying corporate opportunities rules to cross-border venture capital. In normative terms, the book proposes different sanctions for undisclosed and disclosed misappropriations, advocating for more severe sanctions against undisclosed misappropriations. It also suggests a more flexible treatment of disclosed misappropriations. This study sits at the intersection of several fields, providing a lens into a broader range of dynamics that will be of interest to an international readership and offering a window into the broader institutional dynamics at work in innovation centres. It is rooted in law and economics, but emphasises the role of corporate opportunities in shaping these dynamics.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509953226