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This book examines the treatment of joint ventures in EC 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 joint ventures (subject to merger control) and non concentrative joint ventures.
Although focused on possible definitions of joint ventures in terms of competition law, it also includes a broader perspective 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 81 of the EC Treaty. For the purposes of substantive assessment of different types of JVs under Article 81 EC, 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 programs of JVs.
Accordingly, after establishing the basis of the general analytical model, the book applies the model 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; commercial JVs; and purchasing JVs. Also covered are particular situations of joint ownership of undertakings which, while falling short of joint control, nonetheless bear similarity to JVs, and are subject to growing interest.
In the concluding part of the book the author puts recent developments in JV antitrust law into context and analyses their place in the wider reform of EC Competition Law.