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Coordination of Market Behaviour by Joint Venture Parent Companies and the Presumption of Restriction of Competition

In: Eurasian Business and Economics Perspectives

Author

Listed:
  • Daria Kostecka-Jurczyk

    (Department of Law, Administration and Economics, Uniwersytet Wrocławski)

Abstract

The article deals with the problem of coordination of market behaviour between the joint venture and its parent companies from the point of view of antitrust rules. The purpose of the article is to examine whether it can be assumed that the presence of joint venture (JV) parents on the same product and geographic relevant market distorts competition on that market. Using the example of rolled asphalt market in Germany, the article indicates that this approach is not appropriate because it focuses solely on the problem of the market structure, though the coordination of market behaviour is not a structural problem. The analysis of coordination of market behaviour between the joint venture and its parent companies should be based on the provisions on anticompetitive agreements. The article shows that the expected coordination between the JV and its parent companies or between the parents themselves cannot be considered as an axiom and it cannot be the basis for prohibiting the creation of JV or for forcing structural changes in the companies.

Suggested Citation

  • Daria Kostecka-Jurczyk, 2021. "Coordination of Market Behaviour by Joint Venture Parent Companies and the Presumption of Restriction of Competition," Eurasian Studies in Business and Economics, in: Mehmet Huseyin Bilgin & Hakan Danis & Ender Demir (ed.), Eurasian Business and Economics Perspectives, pages 73-85, Springer.
    • Handle: RePEc:spr:eurchp:978-3-030-65147-3_5
    DOI: 10.1007/978-3-030-65147-3_5
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