Research On Antitrust Regulation Of Joint Venture

With the development of global economy, enterprises have more cooperation. Andestablishing joint venture is one of the most important means to cooperate. Setting up a jointventure likes a sword with two edges, firstly establishing a joint venture is helpful to improveefficiency and innovation, while secondly it may lead to collaborative behaviors and do harm tomarket competition. Joint venture is a complex problem, and it is always the hot topic ofcompetition authorities.This paper adopts comparative method to do law research, and discusses the joint ventureunder EU competition law background, in order to induce some reasons, and get somesuggestions to perfect Chinese antitrust law.Firstly, this paper tries to make clear of the definition of joint venture under antitrust law,and introduce the classification in American antitrust law and EU competition law, and comparejoint venture and merger and anti-competition agreement and give out the reasons to review jointventure under competition law. Secondly, this paper focus on EU competition law, introduce themethods used by EU competition authorities to review joint venture under competition law.Establishing a joint venture may involve merger and cartel. Lastly, the author rethinks theproblem of joint venture in Chinese antitrust law, and gives some problems including unclearlegislation and unclear authority among antitrust law enforcement agencies. Meanwhile theauthor gives out some suggestions to perfect the system to review the joint venture underantitrust law.