Joint Ventures and EU Competition Law
   
 
Författare:Morais Luis
Titel:Joint Ventures and EU Competition Law
Utgivningsår:2013
Omfång:504 sid.
Förlag:Hart
ISBN:9781841137933
Produkttyp:Inbunden
Ämnesord:Marknadsrätt , EU-rätt

Pris: 1619 SEK exkl. moms

 

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 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 programs 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; commercial 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 EU framework of horizontal cooperation between undertakings as reviewed by the end of 2010.


Luis Morais is a Professor at the University of Lisbon Law School and holds an 'ad personam' Jean Monnet Chair of EC Law (Competition Law Economic Regulation). He is a partner of Paz Ferreira & Associados (Law Firm). He is also Vice-President of the Privatization Advisory Board of the Portuguese Ministry of Finance and a Member of several Arbitral Courts.
 
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