A Consideration of Dagher and the Antitrust Standard for Joint Ventures

NYU Journal of Law & Business, Vol. 1, No. 307, 2004

16 Pages Posted: 27 Sep 2010

See all articles by Bruce D. Sokler

Bruce D. Sokler

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Kathryn E. Walsh

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Yee Wah Chin

Ingram Yuzek Gainen Carroll & Bertolotti, LLP

Date Written: December 1, 2004

Abstract

The term “joint venture” has no single definition under the antitrust laws, or in business. Where the joint venturers are actual or potential competitors, the venture could also be characterized as a “competitor collaboration.” In the majority of cases, joint ventures serve clearly beneficial purposes. On the other hand, they may also reduce competition in the marketplace. Regardless of form or label, the antitrust laws consider the substance of the activity to determine its competitive impact. Dagher v. Saudi Refining Inc. represents an application of the antitrust laws to a joint venture between competitors that reflects the importance of this fact-based analysis and the distinction between the efficiency enhancing activities of a joint venture that are unobjectionable and the activities of a legitimate joint venture that constitute antitrust violations. This article reviews the basic antitrust standards applicable to joint ventures, considers the facts and ruling in Dagher, and concludes with some lessons that one may take from the case.

Keywords: joint ventures, antitrust, dagher, competitor collaboration

JEL Classification: K20, L14, L41

Suggested Citation

Sokler, Bruce D. and Walsh, Kathryn E. and Chin, Yee Wah, A Consideration of Dagher and the Antitrust Standard for Joint Ventures (December 1, 2004). NYU Journal of Law & Business, Vol. 1, No. 307, 2004, Available at SSRN: https://ssrn.com/abstract=1682945

Bruce D. Sokler

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Washington, DC

Kathryn E. Walsh

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Washington, DC

Yee Wah Chin (Contact Author)

Ingram Yuzek Gainen Carroll & Bertolotti, LLP ( email )

250 Park Avenue
New York, NY 10177
United States

HOME PAGE: http://www.ywc-antitrust.com

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