How MNCs Redefine Power through Arbitrage
Published online by Cambridge University Press: 18 December 2025
This chapter advances the argument that jurisdictional arbitrage is not merely a tactic of tax or liability avoidance, but a distinct form of power – rooted in autonomy, control, and legal engineering – that enables CCMCEs to reshape their operating environments. Drawing on insights from corporate strategy, international political economy, and the CORPLINK project, it reframes arbitrage as a modality of power akin to the creation of a ‘hidden empire’. Through the modular structure of the CCMCEs, MNCs exploit legal and jurisdictional fragmentation to escape regulatory constraints, minimize costs, and amplify market valuation. This structural agility insulates them from state oversight, enabling them to strategically socialize costs and privatize gains. Unlike traditional theories that depict corporate power as relational or behavioural, the chapter argues for a third dimension: power as autonomy – the ability to opt out of constraints by rearranging legal structures. This form of rule-based transgression is monopolized by a global elite of corporations, investors, and advisory firms who exploit regulatory differences not by violating rules but by mastering them. Jurisdictional arbitrage, then, is a primary mechanism of modern corporate power and a central driver of global inequality.
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