This insightful book presents a legal and economic analysis of inter-firm cooperation through networks as an alternative to vertical integration. It examines comparatively various forms of collaboration, ranging from consortia to multiparty joint ventures and from franchising to dealerships.
Collaboration among firms of different sizes helps to overcome numerous weaknesses of the modern western industrial systems. It permits the governing of vertical disintegration without increasing fragmentation and transaction costs and allows firms to benefit from resource complementarities, favouring division of labour. The contributing authors, primarily focusing on Europe and the USA, address important ways in which legal systems provide a framework for inter-firm coordination. It is clear from the analysis that significant obstacles to collaboration still remain, and the authors call for legal reforms at European and Member States level.
This book will prove to be invaluable to academics and law-makers from both economics and law disciplines who are interested in organizational innovation and competitiveness to increase efficiency and redistribute power along the supply chain.
Edited by Fabrizio Cafaggi, Professor, Scuola Nazionale dell'Amministrazione, Rome, and Director, Center for Judicial Cooperation, EUI, Florence, Italy
Contents: 1. Introduction Fabrizio Cafaggi PART I: CONTRACTUAL NETWORKS: THE CHALLENGES TO CONTRACT THEORY 2. Cooperation, Long-term Relationships and Open-endedness in Contractual Networks Fernando Gomez 3. Do Inter-firm Networks Make Access to Finance Easier? Issues and Empirical Evidence Domenico Scalera and Alberto Zazzaro 4. Contractual Networks and Contract Theory: A Research Agenda for European Contract Law Fabrizio Cafaggi PART II: A COMPARATIVE FRAMEWORK 5. Contractual Networks in German Private Law Stefan Grundmann 6. Linked Contracts Under French Law Carole Aubert de Vincelles 7. Contract Networks, Freedom of Contract and the Restructuring of Privity of Contract Simon Whittaker PART III: TOWARD A EUROPEAN SYSTEM OF DECENTRALIZED RULES? 8. Interfirm Networks Across Europe: A Private International Law Perspective Fabrizio Cafaggi and Sandrine Clavel Index