Enforcement Challenges in the Face of Harmful but Legal Corporate Conduct

35 Pages Posted: 18 Nov 2021

See all articles by Aute Kasdorp

Aute Kasdorp

Erasmus University Rotterdam (EUR) - Rotterdam School of Management (RSM)

Date Written: June 4, 2018

Abstract

At least seventeen out of twenty-three Dutch regulatory agencies counteract harmful but legal corporate conduct through informal interventions. Interviewed regulators struggle to position themselves in the ensuing cat-and-mouse game, broker adverse interests, and uphold legitimacy. This paper explores these core challenges, regulators’ administrative strategies to cope with these challenges as well as factors that may influence their stance. The paper interprets the ensuing extrajudicial interaction between regulators and firms as a reciprocal game in which regulators balance efficacy and legitimacy in absence of a ‘big stick’.

Keywords: regulation, enforcement, harmful but legal conduct, informal interventions

JEL Classification: K23

Suggested Citation

Kasdorp, Aute, Enforcement Challenges in the Face of Harmful but Legal Corporate Conduct (June 4, 2018). Available at SSRN: https://ssrn.com/abstract=3940216 or http://dx.doi.org/10.2139/ssrn.3940216

Aute Kasdorp (Contact Author)

Erasmus University Rotterdam (EUR) - Rotterdam School of Management (RSM) ( email )

Keizersgracht 42B
Amsterdam, 1015CR
Netherlands

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