2 edition of Production joint ventures antitrust legislation found in the catalog.
Production joint ventures antitrust legislation
United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law.
by U.S. G.P.O., For sale by the Supt. of Docs., [Congressional Sales Office], U.S. G.P.O. in Washington
Written in English
|LC Classifications||KF27 .J862 1989k|
|The Physical Object|
|Pagination||iv, 609 p. :|
|Number of Pages||609|
|LC Control Number||91601426|
The legislation generally follows a middle-of-the-road approach, proposing to make it more difficult for competitors to challenge joint ventures on antitrust grounds and to limit any legal awards. Joint ventures require participants be mindful of antitrust law to avoid potential civil, or even criminal, liability. Counsel advising business entities must be familiar with relevant federal statutes and the Supreme Court's decision in American Needle Inc. v. National Football League.
Despite the fact that such joint ventures had rarely been challenged under the antitrust laws, in Congress took action to lessen what was perceived to be an inhibitory effect of antitrust enforcement by making it clear that research and development joint ventures were to be judged under a rule of reason test. Because federal antitrust agencies have intensified their oversight of the oil and gas industry recently, US operators and service providers must be more wary than ever of the risks of joint.
This Guide is intended to assist you in understanding the antitrust implications of potential acquisitions, mergers, joint ventures, and strategic alliances between the Company and other companies. It is designed to acquaint you with the general nature and overall scope of the antitrust laws . Bellis JF. () The Iron Ore Production Joint Venture Between Rio Tinto and BHP Billiton: The European Angle of a Multinational Antitrust Review. In: Matsushita M., Schoenbaum T. (eds) Emerging Issues in Sustainable Development. Economics, Law, and Institutions in Asia Pacific. Springer, Tokyo. First Online 06 October
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Antitrust Concerns With Joint Ventures and Other Collaborations: Balancing Competitive (“private standard setting need not, in fact, violate antitrust law” because of its procompetitive effects) –Covers production, marketing, buying, and R&D collaborations.
Joint ventures also have the potential to limit participants' independent decision making by combining control of or financial interest in production, key assets, and other competitively sensitive variables. Joint ventures thus create the risk of collusion-precisely the type of anticompetitive conduct that antitrust law aims to prevent.
Joint Ventures: Antitrust Analysis of Collaborations Among Competitors is the first book Production joint ventures antitrust legislation book provide a comprehensive analysis of antitrust joint venture law in the immediate aftermath of the Supreme Court's landmark Dagher decision.
It reviews antitrust principles applicable to joint ventures and other competitor collaborations, taking into account relevant statutory and case law as well as. Timothy K. Armstrong, Transnational Production Joint Ventures and United States Antitrust Law: Evaluating the Proposed National Cooperative Production Amendments, 28 Tex.
Author: Timothy K Armstrong. This paper sketches the tradeoffs involved in altering U.S. antitrust treat-ment of joint venture production activities among rival firms. This requires understanding the nature, benefits, difficulties and dangers to competition of production joint ventures; identifying their degrees of prevalence in the U.S.
Each person who controls any party to such venture (including such party itself) is a United States person or a foreign person from a country whose law accords antitrust treatment no less favorable to United States persons than to such country’s domestic persons with respect to participation in joint ventures for production.
This Practice note considers many of the technical aspects involved in structuring a joint venture between parties based in different countries. It focuses on the creation of joint ventures formed to carry on business independent of the joint venture parties.
This Practice note also provides an analysis of the regulation of joint ventures and strategic alliances under EU competition law. A proposed joint venture between Peabody Energy Corp.
and Arch Resources Production joint ventures antitrust legislation book. in Wyoming’s Powder River Basin is meant to lower production costs as the two coal giants struggle to compete against other energy sources, Peabody’s attorney said at a hearing in an antitrust case brought by the Federal Trade Commission.
1 Congress has protected certain collaborations from full antitrust liability by passing the National Cooperative Research Act of (“NCRA”) and the National Cooperative Research and Production Act of (“NCRPA”) (codified together at 15 U.S.C.
§ § ). 2 The Statements of Antitrust Enforcement Policy in Health Care. Companies enter joint ventures in a broad range of circumstances, for example: to share risks, to pool expertise, to increase market presence, reduce costs and realise efficiencies.
Such arrangements offer many benefits. Competition authorities on the other hand are sceptical about companies cooperating, and there are notable cases of joint ventures having been investigated and sanctioned for. The Federal Trade Commission’s antitrust enforcement strategy will be put to the test during a hearing in a federal district court in St.
Louis as the agency looks to put the brakes on a coal mining joint venture between Peabody Energy Corp. and Arch Resources Inc.
The FTC is asking U.S. District Court Judge Sarah Pitlyk of the U.S. District Court for the Eastern District of Missouri to. Since the publication of the first edition of Mergers and Acquisitions, the federal agencies and state attorneys general have continued an active merger agenda and have refined merger analyses through settlements, liquidated cases, and speeches.
This second edition has been completely updated to capture the most important developments in this area.4/5(1). Although “joint venture” may be a well-defined term in other areas of the law or in business practice, using the term cavalierly in the context of antitrust analysis may be tantamount to committing the sin of synecdoche (i.e., may be under- or over-inclusive)–and may therefore cause us to miss and overlook important issues and questions.
The NCRA protects members of registered joint ventures from punitive antitrust penalties if the venture is later found to illegally reduce competition or otherwise act in restraint of trade. Between and over research joint ventures were registered, substantially more than were formed over the same period within the EC.
Antitrust Analysis of Joint Ventures: Ancillary Restraints Howard Ullman Posted on August 7, In the first post in this series, we introduced the concept of joint ventures (“JVs”), outlined why antitrust law applies to their formation and operation, identified the major antitrust issues raised by JVs, and discussed why you should care.
NUMMI’s success in navigating through antitrust concerns led to other production joint ventures in the industry including a Ford-Mazda one for vehicles, a Chrysler-Mitsubishi-Hyundai joint venture on engines, and a GM-Chrysler joint venture on manual transmissions.
None of them were as controversial or received the same level of antitrust. Joint Ventures: Antitrust Analysis of Collaborations Among Competitors is the second edition of the Section's handbook on the antitrust analysis of the formation and conduct of joint ventures. In addition to updating case law with the Supreme Court's American Needle decision and other important developments, the book adds new chapters on intellectual property, international joint ventures.
joint venture. The label does not determine the legality or analysis; rather, the effect of the venture on competition determines the legality of a joint venture. Lawful joint ventures generally integrate resources of two or more companies, e.g., production facilities, R&D efforts, purchasing functions or sales efforts, for the purpose of.
In Congress amended the sherman anti-trust act of (15 U.S.C.A. § 6a)—the statutory basis of antitrust law—to ease restrictions on joint ventures that involve exports. At the same time, it passed the Export Trading Company Act (U.S.C.A. § ) to grant exporters limited immunity to antitrust.
THE ANTITRUST LAWS: HOSTILE OR NEUTRAL. Professor Tom Jorde, among others, argues that American companies do not form "strategic alliances," meaning ventures working together toward joint production, because of "a reluctance due to hostile U.S. antitrust laws. "8 Those laws might impose a penalty of treble damages and attorneys' fees on a.
Joint Ventures: Antitrust Analysis of Collaborations Among Competitors Paperback – December 1, by Section members from the ABA Section of Antitrust (Author) See all formats and editions Hide other formats and editionsAuthor: Section members from the ABA Section of Antitrust.edge from Toyota to General Motors.
Following that ruling, joint produc-tion ventures were publicly announced between and (Rill, ). While antitrust law has had little effect in restraining joint research or production, it probably does inhibit collaboration in marketing between firms.the evaluation of mergers, though the same framework can be applied to evaluating joint ventures, other combinations, and other competitive practices.
Finally, it should be noted that this paper is concerned principally with the content of antitrust, not the many important issues involved in structuring antitrust agencies and designing processes of.