![]() ![]() ![]() ![]() The wording in the Guidelines echoes the Court of Justice ruling in LG Electronics, which noted that a JV can form part of the same undertaking as its parents in certain markets and not in others. agreements between parent companies not involving their joint venture, even if the agreement concerns products or geographies in which the joint venture is active” ĭoes that mean that we can now throw away the JV compliance manuals and merrily coordinate competition between parents and competing JVs in the JV markets, as some have suggested? Not quite.agreements between parent companies and their joint venture concerning products or geographies in which the joint venture is not active and.agreements between parent companies to modify the scope of their joint venture.agreements between parent companies to create a joint venture.However, the Commission will generally apply Article 101 to the following categories of agreements: “In light of this case-law, the Commission will, in general, not apply Article 101 to agreements or concerted practices between parent companies and their joint venture to the extent that they concern conduct that occurs in relevant market(s) where the joint venture is active and in periods during which the parent companies exercise decisive influence over the joint venture. The 2023 Horizontal Guidelines (para 12) are less categorical than the 2010 draft – and potentially provide less legal certainty: Unfortunately, this proposed wording was ultimately dropped when the final Guidelines were adopted in 2010. While the new documents provide helpful clarity in a number of areas where uncertainties had arisen, including joint purchasing, innovation competition, information exchange, bidding consortia, mobile infrastructure sharing, standardisation agreements and collaboration to achieve sustainability goals, one area where significant uncertainty remains is the application of Article 101 to the relationship between Joint Ventures (JVs) and their parent companies.įirst a bit of history – the application of Article 101 to the relationship between parent companies and JVs first raised its head in 2010 when the Commission consulted on a draft horizontal guidelines which stated: “Art 101 does not apply to agreements between the parents and, provided that the creation of the JV did not infringe EU competition law.” The new Regulations and Guidelines are intended to provide greater clarity on the application of the Article 101 prohibition of anticompetitive agreements to common forms of agreement between competitors (especially around sustainability and the digital transition). In addition, it published a Q&A document on the adoption of the new rules. At the beginning of June the European Commission adopted the revised Research & Development Block Exemption Regulation, Specialization Block Exemption Regulation and the revised Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to cooperation agreements between competitors ( Horizontal Guidelines) ![]()
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