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Author: Luís Morais Publisher: Bloomsbury Publishing ISBN: 1782253475 Category : Law Languages : en Pages : 720
Book Description
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. 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 also comprehensively updated with the latest developments concerning the reform of the EU framework of horizontal cooperation between undertakings that took place at the end of 2010.
Author: Luís Morais Publisher: Bloomsbury Publishing ISBN: 1782253475 Category : Law Languages : en Pages : 720
Book Description
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. 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 also comprehensively updated with the latest developments concerning the reform of the EU framework of horizontal cooperation between undertakings that took place at the end of 2010.
Author: Björn Lundqvist Publisher: Edward Elgar Publishing ISBN: 1784713015 Category : Law Languages : en Pages : 297
Book Description
This fascinating new book dissects, from a Competition law perspective, how Research and Development collaborations operate under both US and EU antitrust law. Analyzing the evolution of this innovation landscape from the 1970s to the present day, Blom
Author: Erja Askola Publisher: ISBN: Category : Antitrust law Languages : en Pages : 241
Book Description
This dissertation compares the approaches adopted in the EU competition law and the U.S.antitrust law towards joint ventures. The question is two-fold, including (i) the study of the specific problems raised by the strict conceptualisation of joint ventures under the EU policy, as compared to the U.S; and (ii) the possible insights the U.S. experience could offer in this area. This study demonstrates that the categorical approach in the EU has involved, over time, a number of specific issues that have been avoided in the U.S.. These relate, in particular, to the concepts employed to make the jurisdictional distinction between the mutually exclusive rules for mergers and horizontal agreements, which have caused a number of complications and led to unnecessary forum shopping. These differences are explained and their implications analysed in an attempt to help understand the approaches chosen and to explore how the EU policy could be further developed. It emerges from this comparison that some of the highly technical issues concerning the legal characterization of joint ventures have, over time, reflected more fundamental differences in the enforcement attitude towards industrial cooperation between competitors as compared to mergers, including a different understanding of their effects on competition. This concerns, in particular, the controversial European concentration privilege favoring mergers and concentrative joint ventures over more limited cooperative alliances, whereas the U.S. enforcers have normally treated full integrations more suspect than partial ones. Inspiring from the insights learned by studying the US approach, this dissertation concludes with a recommendation to revisit and clarify the EU approach to joint ventures in two specific areas. First, it calls for an explanation on how the substantive analysis of joint ventures under Article 101 TFEU compares with that of mergers, particularly in relation to the assessment of market power. Second, it suggests that the fate of Article 2(4) EUMR concerning the treatment of spill-over collusion be reconsidered in the current framework, including a clarification of its current function and purpose, if any.
Author: Organisation for Economic Co-operation and Development Publisher: Paris, France : Organisation for Economic Co-operation and Development ; Washington, D.C. : OECD Publications and Information Centre ISBN: Category : Business & Economics Languages : en Pages : 124
Author: Van Bael & Bellis Publisher: Kluwer Law International B.V. ISBN: 9041154051 Category : Law Languages : en Pages : 1618
Book Description
This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.
Author: Richard S. Markovits Publisher: Springer Nature ISBN: 3030964825 Category : Business & Economics Languages : en Pages : 407
Book Description
This book is Volume II of a two-volume set on antitrust policy, analyzing the economic efficiency and moral desirability of various kinds of antitrust-policy-coverable conduct and various possible government responses to such conduct, including US and EU antitrust law. The overall study consists of three parts. Part I (Chapters 1-8) introduces readers to the economic, moral, and legal concepts that play important roles in antitrust-policy analysis. Part II (Chapters 9-16) analyzes the impacts of eight types of conduct covered by antitrust policy and various possible government responses to such conduct in terms of their economic efficiency, their impact on liberal moral rights, and their instantiation of various utilitarian and other egalitarian conceptions of the moral good. Part III (Chapters 17-18) provides detailed information on US antitrust law and EU competition law and compares the extent to which—when correctly interpreted and applied—these two bodies of law could increase economic efficiency, protect liberal moral rights, and instantiate various morally defensible conceptions of the moral good. This second volume contains the last 6 chapters of Part II, which focus respectively on horizontal (M&A)s, conglomerate (M&A)s, surrogates for vertical integration, vertical (M&A)s, joint ventures, and internal growth and Part III, which focuses on US antitrust law and EU competition law. The book will appeal to undergraduate and graduate students of economics and law who are interested in welfare economics, antitrust policy, and The General Theory of Second Best.
Author: Dennis Campbell Publisher: Kluwer Law International B.V. ISBN: 904112800X Category : Law Languages : en Pages : 658
Book Description
Joint ventures have become a common vehicle for companies to create strategic alliances with partners that have complementary capabilities and resources, fostering opportunities to exploit distribution channels, technology, or finance in ways not available to the sole partners. Simply put, in a joint venture, two or more parent companies agree to pool defined capital, technology, human resources, risks, and rewards in the formation of a distinct entity under shared control. The complexities of such an arrangement are magnified when the project embraces more than one jurisdiction. In this special issue of the Comparative Law Yearbook of International Business, practitioners who have specialized in domestic and cross border joint venture formations report on their respective jurisdictions as well as particular cross border issues. The volume provides national reports on Brazil, Bulgaria, Chile, China, Cyprus, the Czech Republic, Greece, India, Italy, Japan, Kuwait, Lebanon, The Philippines, Romania, Trinidad and Tobago, Turkey, and Vietnam. European competition law relative to joint ventures, taxation issues in The Netherlands, and governing law also are treated.
Author: Luís Morais
Author: Luís Morais
Author: Luis Morais
Author: Björn Lundqvist
Author: Erja Askola
Author: Nauta Dutilh
Author: Organisation for Economic Co-operation and Development
Author: Van Bael & Bellis
Author: Richard S. Markovits
Author: Alban Olivier Salord
Author: Dennis Campbell