The EU Court of First Instance states that a joint venture is covered by Regulation 4064/89 only if it enjoys operational autonomy and does not have as its object or effect the coordination of the competitive behaviour of the undertakings concerned (Assicurazioni Generali)

Case T-87/96 Assicurazioni Generali SpA and Unicredito SpA ν Commission of the European Communities * 1. Any decision which brings about a distinct change in the legal position of the undertakings concerned by producing definitive legal effects is an actionable measure. That is the position in the case of a Commission decision finding that the setting up of a joint venture does not constitute a concentration for the purposes of Regulation No 4064/89 and accordingly does not fall within the scope thereof. Such a decision has the effect, in particular, of bringing that operation under the prohibition on agreements, decisions and concerted practices under Article 85 of the