European Competition Law provides a wide-ranging review of the European rules relating to competition: restrictive agreements, abuse of a dominant position, impact of intellectual property rights, procedure, merger control, State aid.

European Competition Law

Under Regulation No 4064/89, two cumulative conditions had to be fulfilled to retain the classification as concentrative joint venture: “full-functionality” and absence of coordination of competitive conduct of the parent companies. The Regulation of 30 June 1997, which amended Regulation No 4064/89, did away with this distinction and defined a concentrative joint venture as an undertaking which p …

Development

Under Regulation No 4064/89, two cumulative conditions had to be fulfilled to retain the classification as concentrative joint venture: “full-functionality” and absence of coordination of competitive conduct of the parent companies. The Regulation of 30 June 1997, which amended Regulation No 4064/89, did away with this distinction and defined a concentrative joint venture as an undertaking which performs “on a lasting basis all the functions of an autonomous economic entity” .

According to Article 3(4) of Regulation No 139/2004 of 20 January 2004, “the creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity shall constitute a concentration within the meaning of paragraph 1(b)”. In order to be subject to merger control, the joint venture must, according to the Jurisdictional Notice , be a “full-function” joint venture. The coordination of the parents' conduct no longer has any impact on the classification of the joint venture itself, but may be assessed by the Commission as part of merger control, under Article 101 TFEU.

Under Regulation No 4064/89, two cumulative conditions had to be fulfilled to retain the classification as concentrative joint venture: "full-functionality" and absence of coordination of competitive conduct of the parent companies. The Regulation of 30 June 1997, which amended Regulation No 4064/89, did away with this distinction and defined a concentrative joint venture as an undertaking which performs "on a lasting basis all the functions of an autonomous economic entity".

According to Article 3(4) of Regulation No 139/2004 of 20 January 2004, "the creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity shall constitute a concentration within the meaning of paragraph 1(b)". In order to be subject to merger control, the joint venture must, according to the Jurisdictional Notice, be a "full-function" joint venture. The coordination of the parents' conduct no longer has any impact on the classification of the joint venture itself, but may be assessed by the Commission as part of merger control, under Article 101 TFEU.

European Competition Law

301. Development

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Les notions juridiques connexes

301. Development

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Sous parties

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise