The Antitrust Review of the Americas 2015

US: Joint Ventures

Joint Venture Analysis Under United States Antitrust Law Businesses often enter into collaborative arrangements to share costs and risk and to achieve other efficiencies. These arrangements may involve one or more business activities, such as production, distribution, marketing, research and development, sales, purchasing, or information sharing. These collaborations are sometimes structural in that they involve establishing and contributing to legal entities. Other times they are contractual. In either circumstance, when the collaboration involves competing or vertically related firms, parties are well advised to consider the antitrust implications from the perspective of the formation of the collaboration and from its operations.