Description
Bloomsbury Publishing PLC Joint Ventures and EU Competition Law by Luis Morais
This book examines the treatment of joint ventures (JVs) in EU Competition Law and at the same time provides a comparison with US law. It starts with an analysis of the rather elusive concept of JV encompassing both concentrative JVs (subject to merger control) and non-concentrative JVs. Although focused on possible definitions of joint ventures in terms of competition law it also includes a broader perspective (going beyond competition law) on the different legal models of structuring cooperation links between undertakings. At the core of the book is an attempt to build an analytical model for the assessment of JVs in terms of antitrust law especially as regards Article 101 of the TFEU. The analytical model used proposes a set of sequential analytical levels taking into account structural factors and specific factors related to the main constituent elements of the functional programmes of JVs. The model is applied to a substantive assessment of four main types of JVs identified on the basis of their prevailing economic function: research and development JVs; production JVs; commercialization JVs; and purchasing JVs. Also covered are particular situations of joint ownership of undertakings falling short of joint control.