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.