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  • 10-10-2017

Source: Practical Law, Global Guide 2017, Joint Ventures
Authors: Herman Speyart and Mirjam von Meijenfeldt

The EU competition law treatment of joint ventures (JVs) depends on whether the JV is a concentration:

  • If it is, it can fall whitin the scope of Regulation (EC) 139/2004 on the control of concentrations between undertakings (Merger Regulation) and may have to be notified to the European Commission (Commission) before it is set up.
  • If not, it must be assessed under the prohibition of restrictive agreements laid down in Article 101 of the Treaty on the Functioning of the European Union (TFEU).

This article examines both regimes.

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