Co-opetition, Competition, Cooperation, Interlocking directorates

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Co-opetition, Competition, Cooperation, Interlocking directorates
Emanuela Matei , Analyst, Sweden

Legal theory in the field of business law follows closely the development of economic theories and models

The core of defining joint dominance is related to the concept of economic links, which can facilitate the mutual trust and permanent interaction between the market actors. According to management theories co-opetition is not an alternative to competition, but it is a strategy employing co-operative practices meant to increase the competitive advantages. The conduct alignment under Article 102 TFEU can be obtained by concurrence of wills, but also by reciprocity, trust and non-binding communication. The eventual harmful effect on competition, welfare and innovation, which might be caused by co-opetitive strategies, has never been assessed by the Competition Authorities. The possible negative impact on competition of the interlocking directorates has been recently assessed in a study commissioned by the Swedish Competition Authority.

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