Competition law and joint ventures—checklist


Published by a ÑÇÖÞÉ«ÇéÍø Competition expert
Checklists

Competition law and joint ventures—checklist


Published by a ÑÇÖÞÉ«ÇéÍø Competition expert

Checklists
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This checklist summarises the competition law considerations relevant to both structural and non-structural joint ventures (both merger control rules and antitrust laws).

Structural or non-structural?

The key consideration will be to determine whether a proposed joint venture is structural or non-structural/cooperative; the answer to this will determine how the joint venture is to be assessed.

Structural joint ventures

  1. •

    A structural joint venture will include arrangements that produce long-lasting structural changes to the market by creating or changing the economic control of a legal entity, for example:

    1. â—¦

      the creation of a joint venture company

    2. â—¦

      the creation of a separate partnership between the parents

    3. â—¦

      changes to shareholder control.

  2. •

    Structural joint ventures will generally always fall within merger control rules (depending on notification thresholds being met). If merger control rules don't apply, it will be necessary to consider antirust rules.

Non-structural/cooperative joint venture

  1. •

    A non-structural and/or cooperative joint venture will not include any changes to the economic control of any legal entity, for example:

    1. â—¦

      a contractual joint project between the parents

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Jurisdiction(s):
United Kingdom

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