Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Wednesday, June 13, 2012

Joint Ventures—The Relevance of the Full Functionality Criterion under the EU Merger Regulation: There Remains a Need for Clarification

Posted by D. Daniel Sokol

Lars-Peter Rudolf and Bettina Leupold (Cleary Gottlieb) discuss Joint Ventures—The Relevance of the Full Functionality Criterion under the EU Merger Regulation: There Remains a Need for Clarification.

ABSTRACT: This article analyses the Commission's guidance and decisional practice in merger control cases involving the establishment or the change of the control structure of joint ventures. The analysis shows that the Commission's guidance and decisional practice are at best inconsistent as to when full-functionality is required for such cases to be subject to the EU Merger Control Regulation (EUMR). This article argues for legal certainty and a clear test that is consistent with the wording of the EUMR and the overall purpose of merger control.

http://lawprofessors.typepad.com/antitrustprof_blog/2012/06/joint-venturesthe-relevance-of-the-full-functionality-criterion-under-the-eu-merger-regulation-there.html

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Comments

Dear Daniel,
Thanks for your very useful blog. Could you add to each entry an indication as to whether the paper or article announced is gated or freely accessible?
Thank you very much!

Posted by: jesus | Jun 14, 2012 4:05:06 AM

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