Application of the full-function criteria to joint ventures under the EU Merger Regulation

Abstract: The thesis discusses the European Commission's application of the full-function criteria to joint ventures based on the method of their establishment. While the Commission's practice is clear when a new joint venture is established, it has been very inconsistent regarding operations when joint control is acquired over pre-existing undertakings, thus transforming them into joint ventures. This thesis aims to resolve some of these uncertainties, clarify the Commission’s approach and the reasoning behind it and offer some guidance to practitioners.