Joint Ventures and EU Competition Law (Hart Studies in Competition Law)
By: Luis Silva Morais (author)Hardback
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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 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.
Luis Silva Morais is a Professor at the University of Lisbon Law School (FDL) and holds a Jean Monnet Chair of EU Law (Competition and Economic Regulation). He is a founding partner of 'Luis Silva Morais - Law Firm' (based in Lisbon). He has been Vice-President of the Privatization Advisory Board of the Portuguese Ministry of Finance (2001-11), Member of the Board of the Portuguese Insurance and Pension Funds Supervisory Authority-ISP (1998-2001) and currently chairs the Research Centre on Regulation and Supervision of the Financial Sector of FDL in scientific partnership with the Bank of Portugal and the ISP. He is a member of several arbitral courts.
Introduction 1 Objectives of the Research in this Book 2 Methodology 3 Structure of the Book Chapter 1 The Concept of Joint Ventures in Competition Law 1 Introduction-The Inherent Vagueness of the Concept of Joint Venture in US Antitrust Law and EU Competition Law 2 The Concept of Joint Venture and the Concept of Undertaking in EU Competition Law 3 The Dual Treatment of Joint Ventures in EU Competition Law 4 The Basic Elements of a Legal Definition of Joint Venture in EU Competition Law 5 The Definition of Joint Venture in EU Competition Law-Conclusion Chapter 2 An Analytical Model for the Assessment of Joint Ventures in EU Competition Law 1 The Substantive Assessment of Competitive Effects of Joint Ventures-General Perspective 2 The Main Elements of the Proposed Analytical Model for the Assessment of Joint Ventures Chapter 3 The Substantive Assessment of Different Types of Joint Ventures under Article 101 TFEU 1 General Overview 2 Research and Development Joint Ventures 3 Production Joint Ventures 4 Commercialization Joint Ventures 5 Purchasing Joint Ventures 6 Joint Ownership of Undertakings Without Joint Control Chapter 4 Concluding Remarks on Joint Ventures and Global Changes of EU Competition Law 1 General Overview 2 The Changes of Teleological Priorities and the Renewal of Legal Methodology as Essential Dimensions of the Transition to a New Model of EU Competition Law More Closely Associated with Joint Venture Analysis
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- ID: 9781841137933
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