Document Type

Article

Publication Title

Columbia Law Review

Abstract

Do antitrust and corporate law have much to say to each other? Judges, lawyers, law professors, and law students all seem to think that they do not. Antitrust is about markets; corporate law is about firms. Antitrust is about competition; corporate law is about cooperation. Antitrust regulates relations among firms; corporate law governs relations within fmns. In this Article, I argue that this common view is fundamentally flawed. When shareholders are also competitors, the normal corporate law instinct that collective action should be facilitated fails. At the borderline between firms and markets, antitrust, with its more subtle appreciation for the complexity of the relationships between competition and cooperation, comes to the fore.

First Page

497

DOI

https://doi.org/10.2307/1122953

Volume

92

Publication Date

1992

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