CEU Electronic Theses and Dissertations, 2010
| Author | Poliakova, Katarina |
|---|---|
| Title | Establishment of Joint Ventures: Comparison of Elements of Joint Ventures under EC Competition Law and U.S. Merger and Antitrust Law which Are Decisive for Determination of Applicable Legal Regime |
| Summary | This thesis aims to describe and compare those elements of joint ventures which are decisive for the determination of the applicable legal regime at the time of their formation, i.e. whether the joint venture formation is assessed under merger laws as a structural problem or under cartel laws as a behavioural problem. This thesis argues that in EU competition law, the basic elements taken into consideration are: (i) existence of joint control over the joint venture by the parents, (ii) Community dimension and (iii) the joint venture must be a “full-function” joint venture. The “full-function” joint ventures must meet following criteria: they must operate on a lasting basis, must serve more than only a single function for their parents, must be independent or autonomous economic entities, i.e. having sufficient resources, management in charge of day-to-day operations and to certain extent have commercial relations with third parties. On the other side, in US antitrust law, the joint venture formation is notified to the United States Department of Justice (Antitrust Division) and the Federal Trade Commission as a merger if the transaction or at least one parent exceeds a certain size. The concept of control is relevant only in cases of unincorporated joint ventures. This thesis concludes that in US antitrust law there are two separate concepts which determine the application of merger analysis: the concept of “fully integrated” and “merger-like” joint venture. |
| Supervisor | Stuyck Jules |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2010/poliakova_katarina.pdf |
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