Preface

• Pages: 7-8

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PREFACE

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