*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Because it lies at the intersection of structural and behavioural control, the assessment of the competitive impact of joint ventures is a complex exercise. The first question that arises with regard to joint ventures is a question of qualification: does the joint venture fall within the antitrust or merger regime? While it is now accepted that the answer to this question depends on whether or not the joint venture is a "full-function" undertaking, this test is difficult to apply in practice and there are frequently situations where it is very difficult to decide with certainty in favour of one or the other of the applicable regimes. 2. Even when the
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ARTICLES: COMMUNITY AND FRENCH COMPETITION LAW - ACCOUNT SPILLOVER EFFECTS - ASSESSMENT OF JOINT VENTURES - EC AND FRENCH APPROACHES - CONSISTENT - ACTUAL SCOPE AND CONTENT - SPILLOVER EFFECTS ANALYSIS - CLARIFICATION - RELEVANT CRITERIA - EC AND NATIONAL LEVELS
Spill-over effect between JV and parent companies: A need for a more consistent approach
Both Community and French competition law take into account spillover effects in the assessment of joint ventures. However, the EC and French approaches are not fully consistent as to the actual scope and content of the spillover effects analysis. A clarification of the relevant criteria would be welcome, both at the EC and national levels.
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