On The EU Anti-Monopoly Regulation Of Joint Ventures And Its Reference To China

Mergers & acquisitions, downsizing and divestment are dominating headlines. However, the greatest influence on corporate structure and corporate operation may be the largely unreported relationships that are not based on ownership but on partnership, such as joint ventures. In the present globalized economic market, the relationship among corporations is becoming closer and closer. And joint ventures are adopted by more and more companies, as not only they can facilitate the market aim of companies in an easy and efficient way, but also they are born with less obvious negative effect on competition. Joint ventures are considered as a difficult field by competition authorities in most countries. Both the pro- and anti-competitive effects are generally taken into concern. The European Union puts anti-monopoly regulation of joint ventures into the structure of the anti-monopoly regulation of concentration and cartel. As the uncertainty and complexity in the real transactions, the boundary for classifying is not very clear.The first part of the thesis is an overview of current study on anti-monopoly regulation of joint ventures. The second part defines joint ventures and analyses the reason for the anti-monopoly regulation of joint ventures. Firstly, it gives the definition of joint ventures and makes a comparison between joint ventures and mergers, joint ventures and cartels, and joint ventures and abuse of dominant market position. Then it comes to the motive for companies to set up joint ventures. After that are joint ventures'both pro- and anti-competitive influences on competition. Lastly it demonstrates the necessity of anti-monopoly regulation on joint ventures. The third part introduces the EU anti-monopoly regulation of joint ventures in detail. Firstly, it tells the legislative history of anti-monopoly treatment of joint ventures in EU. Then it introduces the three types joint ventures fall in the structure of EU anti-monopoly regulation through case analysis. And it comments on the changes of EU anti-monopoly regulation of joint ventures. The fourth part is the reference of EU's legislation and practice to China. Firstly, it shows that China's anti-monopoly legislation on joint venture is nearly blank. Secondly, it analyses the unreasonableness and risks lying in current legislation and execution. Thirdly, it comes up with the suggestion for China's anti-monopoly regulation on joint ventures. In the end, it gives a conclusion.