The Antitrust Review of the Americas 2016

US: Joint Ventures

27 August 2015

Perhaps one of the most perplexing exercises facing parties to global joint ventures is the process of determining where merger control filings are required. For example, in many countries the creation of a full-function joint venture in which one or more parties may exercise decisive influence will likely trigger merger filings if the contributing parties, the parents, have sufficient turnover, assets or market share in various jurisdictions. Full functionality and decisive influence are not, however, readily discernible tests and are not necessarily consistent across the world.

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