Joint control

Joint control in the European Union Law

Concept of Joint control provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Joint control exists where two or more undertakings or persons have the possibility of exercising decisive influence over another undertak-ing. Decisive influence in this sense normally means the power to block actions that determine the strategic commercial behaviour of an undertaking. Joint control can be acquired legally or de facto.

(See further: Commission notices on the concept of full-function joint ventures and on the concept of concentration (OJ C 66, 2.3.1998, pp. 1 and 5).)

Joint venture

Joint venture in the European Union Law

Concept of Joint venture provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Association of firms or individuals formed to undertake a specific business project. Under the Community competition rules, joint ventures are undertakings that are jointly controlled by two or more other undertakings. In practice joint ventures encompass a broad range of operations, from merger-like operations to cooperation for particular functions such as R & D, production or distribution. Full-function joint ventures, which act on the market independently from their mother companies, are treated as concentrations under the merger regulation.

(See: Article 3(2) of the merger regulation.)

Resources

See also

• Joint control