Il trattamento delle imprese comuni nel diritto comunitario della concorrenza

Under EC Competition law, joint ventures are subject to a set of rules that differs according to the kind of transaction which is concerned. Both merger control and anticompetitive practice provisions apply to them and may even be combined under certain circumstances. It is of relevance to consider the way the Commission has developed an effect based approach aiming at targeting transactions that can effectively undermine market conditions. Shareholders' agreements play a crucial role in this regard to the extent to which they set out anticompetitive object or lead to undue distorted effect on competition.