Joint Ventures in E.U. - From Antitrust Law Perspective

• Main Authors: chi-yang, cheng, 鄭啟揚
• Other Authors: HO, Ji-Ming
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/22188669813297349740

碩士 === 國立臺北大學 === 法學系 === 92 === Joint ventures continue to be a popular form of business organization and an uncertain subject of antitrust enforcement. Owing to joint ventures may take many forms and have very different functions, antitrust law relating to them is a controversial issue. The difficulty with the concept of a joint venture is that it covers a wide spectrum of activities, which includes an agreement to merger completely the activities of the partner companies on a particular market and to cease to operate in that market themselves. This may make it difficult to know when these joint ventures should be dealt with under mergers rules, which deal with transactions which lead to structural changes on a market, and when they deal with should be dealt with under cartel rules, which focus on agreements concluded between under takings operation on a particular market. This research is intended to identify areas of antitrust concern and provide information to assist in structuring joint ventures and to reduce antirust risks in our country. Through reviewing each period of competition laws in the European regulates joint ventures, hoping this research could provide useful information to the Fair Trade Commission for establishing the regulation of joint ventures in our country.