Joint Ventures and EU Competition Law

(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.

Reviews

The book is analytical, up to date and it is an important contribution to the literature in the field. ...the book provides a well-structured, in depth analysis of the matter and proposes a new and original analysis of the evaluation of JVs in EU Competition Law. -- Dr Despoina Mantzari * World Competition Law and Economics Journal, December 2014 *
Although the book is predominantly an academic work, practitioners will also greatly benefit from its through legal analysis based on relevant cases and legislation. Morais book can easily be regarded as essential reading on the topic of joint ventures in the field of EU competition law. -- Riccardo Sciaudone * Competition Law Observatory *
...well and electrically-researched; cohesive and fully thought-through; and generously endowed with insights and doctrinal originality...if [readers] seek mature reflections on the kids of JVs Morais discusses, they will not be disappointed...Morais has delivered great depth and quality in this major work. -- Mel Marquis * Common Market Law 2015, 52 (1) *

Author Bio

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.