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This paper explores
the intricate dynamics of corporate group structures, focusing on the influence
of corporate power and the potential risks and inefficiencies associated with
managerialism. It begins by defining corporate groups, highlighting the varying
definitions across jurisdictions and contexts. The paper then examines the
reasons for the formation of corporate groups, emphasizing benefits such as
asset partitioning and risk management. It also addresses the challenges posed
by corporate groups, including issues of power concentration, agency problems,
and opportunism. The analysis underscores the need for a more coherent legal
framework that aligns with the economic realities of modern corporate
structures. By advocating for an enterprise approach the paper argues for
enhanced regulatory oversight and state intervention justified by the
concession theory of the corporation. This shift aims to ensure a more
equitable distribution of the benefits and burdens of corporate activities,
contributing to a fairer corporate landscape.