About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

40 Liverpool L. Rev. 1 (2019)

handle is hein.journals/lvplr40 and id is 1 raw text is: Liverpool Law Review (2019) 40:1-29 https:I/doi.org/l 0.1007/si 0991-019-09220-4 Company Liability and Competition Law: Exposure of Company to Risk of Undesirable Behaviour of Directors Samet Caliskan' Published online: 2 February 2019 © Springer Nature B.V. 2019 Abstract In order to protect the objectives of competition policy, companies as undertakings are primarily targeted for the competition law infringements based on the mixed approach of compliance and deterrence theories relying on the view that company directors are incentivised to comply with the rules of competition law by the inter- nal compliance programmes and corporate fines are the consequences of incompli- ance. This enforcement strategy gives rise to a tension between corporate govern- ance, company law and competition law, as the former two focus on the behaviour of individuals within the corporate structure, while the latter concerns the impact of the company's behaviour in the market. The question that arises in this tension is whether or to what extent competition law actually considers the way in which the company is run internally while it seeks to promote these primary objectives. This article analyses the deterrent effectiveness of primary enforcement strategy employed in the UK competition law regime and argues that competition law does not tend to localise the source of conduct or particular decisions and does not aim to correct the right wrongdoer. Despite that lack of effectiveness of public enforcement strategy to deter further anti-competitive behaviour has led individual sanctions to be introduced by the Enterprise Act 2002 and the Enterprise and Regulatory Reform Act 2013 in the UK, companies are still primarily targeted by corporate fines even though directors have intentionally breached the rules of competition law and this strategy is unlikely to deter directors from engaging with undesirable behaviour which exposes the company to risk of liability and loss. Keywords Company - Directors - Regulatory infringements - Compliance- Deterrence - Public enforcement E Samet Caliskan s.caliskan@alparslan.edu.tr Lecturer in Law, Mus Alparslan University, Mus, Turkey I_) Springer

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most