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

International Competition Law Series Volume 62

This new book tackles the complicated economic nature of joint ventures under competition law. Joint ventures are increasingly popular for firms seeking to gain economic advantage but the legal uncertainty that exists from a competition law perspective makes it difficult for firms to predict and adopt the safest policy when structuring and dealing with their joint ventures. Kadir Bas proposes a new approach with a more coherent and integrated framework for the analysis of joint ventures under the Merger Regulation.

Gain a full understanding of this intricate and controversial area with The Substantive Appraisal of Joint Ventures under the EU Merger Control Regime. This significant title contains an in-depth analysis of the notion, types and aspects of joint ventures. Kadir Bas further examines the legal treatment of joint ventures under both EU and United States law, drawing 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 in both jurisdictions. As well as providing unique in-depth insights into the field, the extensive coverage make this book an invaluable research and comparative law resource.

Kadir Bas provides detailed guidance on the most important and relevant issues including: ;

• 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

The Substantive Appraisal of Joint Ventures under the EU Merger Control Regime enables the reader to gain a full understanding of the current developments and debates surrounding the competition law approach to joint ventures, and will be of inestimable value to practitioners, jurists, policymakers, officials, and academics concerned with European competition law.