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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
JVs, encompassing both concentrative JVs (subject to merger
control) and non-concentrative JVs. Although focused on possible
definitions of JVs 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 Treaty on the Functioning of the
European Union. 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. The model is applied to
a substantive assessment of four main types of JVs, identified on
the basis of their prevailing economic function: R&D JVs,
production JVs, commercialization JVs, and purchasing JVs. Also
covered are particular situations of joint ownership of
undertakings falling short of joint control. In the concluding part
of the book, recent developments in JV antitrust law are put into
context, within the wider reform of EU competition law. The book is
comprehensive and up-to-date in terms of the reform of the EU
framework on horizontal cooperation between undertakings, which was
introduced at the end of 2010. (Series: Hart Studies in Competition
Law - Vol. 6)
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