Zajedničko ulaganje (joint venture) i tržišna konkurencija / Joint Venture and Market Competition

Abstract

In modern business of the business entities, on the EU market, as well as on the other national markets, it is joint venture is increasingly used as a form of joining of business entities. For a competition law basic question is an effect on the market competition of this joining of the business entities. The effects made by joint ventures on market competition may be positive, which is the case with the invention, the availability of new technologies, increasing of the efficiency, new products etc., or negative, which is the case with market separation or closing of the market for new participants. In European competition law there is an opinion that there is greater possibility of the negative effects on market competition when real or potential competitors make joint venture. Authority for protection of competition on two basis can evaluate joint venture. The first base is joint venture, which is evaluated as concentration of the business entities, and the second base is joint venture, which is evaluated as an agreement between business entities. This paper shall elaborate both basis, paying special attention on its demarcation, as well as the effects they have on market competition. In addition, the paper shall show and explain the most common modalities of the joint venture agreements, and point out their differences between them.