I’ve begun a new blog series on the antitrust analysis of joint ventures on the Orrick AntitrustWatch blog. Here’s a link to the first article. As I wrote there:
Joint ventures (“JVs”) can require navigation of a potential minefield of antitrust issues, which we’ll explore in a series of six blog posts beginning with this introductory post. Not all of the law in this area is entirely settled, and there remain ongoing debates about some aspects of the antitrust treatment of JVs. Indeed, arriving at a coherent and unified view of JV law is like putting together a jigsaw puzzle with missing and damaged pieces.
The series is intended to explore how and why antitrust law applies to JVs, and how to structure JVs to avoid issues. Keep in mind that the term “JV” is flexible and reaches many types of activity that you might not otherwise think of as a JV. The term of course reaches traditional formal business collaborations between or among companies to produce or buy products or services. But the antitrust analysis of joint ventures also reaches, or can reach, trade associations, standard-setting bodies, patent pools, agreements to jointly market products, and even professional and amateur sports leagues.