EU And American Anti-monopoly Law Relating To Establishment Of Joint Venture And Inspiration To Chinese Legislation

In the present day, an increasing number of attentions have been paid to the antitrust of joint venture because of its particularity. On the one side, there is no precise definition of the term of "joint venture" as almost every form of collaboration among independent firms can be called a joint venture. On the other side, a joint venture can be pro-competitive or anticompetitive. In contrast to horizontal restrains, competitors who set up the joint venture will integrate resources into entity which can raise efficiency. Joint ventures are also different from mergers because the firms will remain competitors in all other aspects of their business.European Union and the USA have accumulated plenty of experience of joint venture in the long-term law enforcement and judicial practice. Based on their experience, this paper studies systematically how to establish the regulation system of antitrust of joint venture, establishing the relevant regulations in China. First of all, this paper analyzes the definition of joint venture in respect of antitrust law and the necessity of the adjustment to antitrust law of joint venture, and focuses on the motives of establishing joint venture and its harm to competition. This paper emphasizes that the attention should be paid to the efficiency of joint venture as well as the precaution of its harm to competition. Besides, This paper overviews the legislative situation in EU and the USA, its application, and the analysis framework, and compares the legislative mode between EU and the USA. Furthermore, it introduces the auxiliary agreements to establish joint venture and antitrust regulations. Finally, the writer puts forwards some suggestions and conception about the antitrust regulation of joint venture in China according to its present market structure and the lack of management on the antitrust of joint venture.