Since the first edition of this handbook was published over a decade
ago, it has served as a guide for corporate counselors and their outside
antitrust advisors to anticipate the antitrust risks associated with joint
ventures in the United States and other leading jurisdictions in the face of
increasing globalization and innovation.
The pace of globalization and innovation continues unabated, and we
have witnessed unparalleled disruption and transformation of existing
markets and creation of new markets since the first edition was published
in 2007. These changes present opportunities for joint venture partners as
they identify the potential benefits of working together to pool resources
to more effectively and efficiently benefit from these changes.
But while joint ventures can result in efficiencies and benefits to
consumers and other stakeholders, they also can reduce competition and
lead to consumer harm, particularly when undertaken by competitors.
For this reason, in the United States and elsewhere, antitrust enforcers
and private plaintiffs closely scrutinize the formation, operation, and
impact of joint ventures.
As noted, this handbook is designed to help navigate the antitrust
risks associated with joint ventures in the United States and other leading
jurisdictions. It is also intended to guide litigants in analyzing the
agreements and conduct of joint ventures. This edition of the handbook
has been updated to reflect the current state of the law. It contains a
substantially revised and reorganized chapter on collaborations relating
to intellectual property, which reflect the updated guidance provided by
the U.S. enforcement authorities in January 2017. This edition also
includes an updated and extended chapter on the antitrust landscape in
other key foreign jurisdictions as an acknowledgement and reminder to
practitioners that joint venture conduct by multinational entities is likely
to implicate jurisdictions outside the United States.
This book is the result of a team effort by many talented individuals.
We would like to thank the principal contributors of the book: Imran
Ahmad, Bernard W. Archbold, David Brenneman, Zachary Caplan,
Rodrigo da Silva Alves dos Santos, Janelle Davis, Leonardo Manigilia
Duarte, Edward Duffy, Sébastien Evrard, Tsuyoshi Ikeda, Kenji Ito,
Mijung Kim, Jessica Leal, Michael Lindsay, Samy Mansour, Philip
Melcher, Amar Naik, Ken Ooi, Eric Ruda, Yusuke Takamiya, Bonnie

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