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Le renouveau du traitement des entreprises communes en droit européen de la concurrence /

The assessment of joint venture appears to be one of the most difficult issues in European competition law. A rational and well-balanced treatment is long awaited. Indeed, the artificial distinction between co-operative and concentrative joint ventures was based on complex and contradictory criteria. The European Commission applied them flexibly at the expense of predictability, damaging the legal certainty that is so necessary for these transactions. The existence of two distinct regimes, one for concentrative and one for co-operative joint ventures, with more favourable treatment for the former, explains why firms wished to subject their transactions to the Merger Regulation rather than article 81 of the Treaty. The reform of the Merger Regulation, which entered into force in 1998, modifies the boundaries between the different types of joint ventures, now focusing on structural criterion. It gives birth to a new distinction between structural and behavioural joint ventures. This simplification of the qualification phase, however, raises new questions relating to the content and the relevance of the chosen criterion. (Abstract shortened by UMI.)
Date January 2000
CreatorsNouvel, Laurent.
ContributorsWinter, J. A. (advisor)
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
CoverageMaster of Laws (Institute of Comparative Law.)
RightsAll items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
Relationalephsysno: 001783995, proquestno: MQ70355, Theses scanned by UMI/ProQuest.

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