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Stefano Lombardo, Piero Pasotti

The Societas Europaea: a Network Economics Approach

This article applies network economics to a particular aspect of the statute of the Societas Europaea (SE). The statute allows companies that decide to use the SE form to choose between a two-tier organisational structure (supervisory organ and management organ) and a one-tier organisational structure (administrative organ). By applying the theory of network economics to company law, the article firstly shows that path dependency may arise in the choice of the adopted structure on the basis of the past national regulation. Secondly, the article shows that to overcome this path dependency the incorporation theory would be superior to the real seat theory as provided for by the statute of the SE.

European Company and Financial Law Review, Walter de Gruyter

Print ISSN: 1613-2548
Volume: 1, 08/2004
Pages: 169 - 205

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