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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime

ISBN13: 9789041158161
Published: December 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £96.00

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It has become common in recent decades for firms to seek economic advantage in what are called joint ventures. These collaborations possess some characteristics of both mergers and agreements, although they do not completely fit into either of these two categories.

Inevitably, therefore, joint ventures fall foul of competition authorities, which tend to treat them according to those traditional antitrust categories. It is generally unclear which types of joint ventures should be treated as mergers, and how the fact that the parent firms remain independent outside the cooperation should be incorporated into traditional merger analysis.

It is difficult to give an answer to these questions that would apply in all cases. In particular, the current legal uncertainty makes it difficult for firms to predict and adopt the safest policy, from a competition law perspective, in structuring and dealing with their joint ventures. These problems make it necessary to take a new and critical look at the substantive appraisal of joint ventures under the EU merger control regime.

This important book proposes a new approach – a more coherent and integrated framework for the analysis of joint ventures under the Merger Regulation. The author responds in deeply informed detail to such centrally relevant questions as the following:-

  • whether the EU’s full-functionality criterion is appropriate to identify joint ventures as mergers;
  • how the fact that the parent firms remain competitors in the joint venture’s market, or in other markets, should affect the approach to the creation of a joint venture under the Merger Regulation; and
  • whether a joint venture and its parent(s) should form a single economic unit in respect of an agreement between themselves, and of liability for a competition law infringement.

For comparative purposes, the author also explores United States competition policy both historically and with regard to recent regulation of joint ventures. His analysis draws extensively on competition legislation, reported judicial decisions, administrative decisions and guidelines, and academic works devoted to the analysis of the joint venture as a legal, economic, and business phenomenon, all both in the European Union and the United States.

The book underlines the importance of adopting a clear competition law approach to joint ventures in order to effectively address their anticompetitive effects without unduly hindering their formation or operation. As a major analysis of one of the most intricate and controversial topics in the field, this book will be of inestimable value to practitioners, jurists, policymakers, officials, and academics concerned with European competition law.

Competition Law, Mergers and Acquisitions
About the Author.
List of Abbreviations.

CHAPTER 1 Introduction.
CHAPTER 2 Notion, Types and Economic Aspects of Joint Ventures.
CHAPTER 3 The Treatment of Full-Function Joint Ventures under the EU Merger Regulation.
CHAPTER 4 The Substantive Appraisal of Partial Function Joint Ventures under Article 101 TFEU.
CHAPTER 5 The Assessment of Joint Ventures under US Competition Law.
CHAPTER 6 A Proposed Approach to Joint Ventures under the EU Merger Control Regime.
CHAPTER 7 Conclusion.

Table of Cases.
Table of Legislation.

Series: International Competition Law

Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published December 2014
Kluwer Law International
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
Competition Law: Comparative Private Enforcement and Collective Redress Across the EU ISBN 9789041145598
Published March 2014
Kluwer Law International
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
Effective Application of EU State Aid Procedures: The Role of National Law and Practice
Edited by: Paul F. Nemitz
ISBN 9789041126573
Published July 2007
Kluwer Law International
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned