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On the one hand, economic structures, i.e., the centers of economic power, are relevant data for the functioning of the economy, since, especially in the countries in the Southern Hemisphere, they account for important characteristics in the underdevelopment process. On the other hand, as we have observed, these structures are the only ones from which any kind of presumption can be made about the probable behavior of economic agents. What has yet to be defined is the kind of instruments that can be used to define the orientation and behavior of these structures. Economic instruments are worth little as they do not supply concrete economic results that are susceptible to empirical verification. Standing in the way of the use of legal instruments, however, is the apparent difficulty in applying social policy to the economic sphere. For many years, decisions that have affected the economic order have been left primarily to economic theories to which the discussion of values is unfamiliar. It is time therefore, for a legal theory of economic behavior, based on legal procedural values and on the restriction of economic power structures.

This article was also published in The Economic Journal, Vol. 119, February 2009. To see the published Article, please click […]

► Full reference: Collard, C., Conformité réglementaire et performance de l'entreprise : la vision des acteurs (regards croisés de directeurs juridiques et de compliance officers), in Cahiers de droit de l'entreprise, n°6, novembre 2009.  - ► Summary of the article:  -