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  • 8 - Directors’ Duty of Loyalty

  • from Part III - The Governance of Corporations
  • Edited by Marco Corradi, ESSEC Business School Paris and Singapore, Julian Nowag, Lunds Universitet, Sweden
  • Book:
    Intersections Between Corporate and Antitrust Law
    Published online:
    25 May 2023
    Print publication:
    08 June 2023, pp 151-164
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  • Summary

    This chapter explores the interaction between the director’s duty of loyalty and competition. It suggests that the interaction between corporate opportunity rules, which protect the company against the exploitation of business opportunities by the director, and its effects on competition and innovation require closer empirical analysis. This chapter provides a basic overview of corporate opportunity rules and then shows how such rules, which exist in numerous jurisdictions, may in certain cases have negative unilateral effects on competition and how they might also affect dynamic competition.