Cooperative Joint Ventures In China: A Post Script

Some time ago, I wrote a paper titled “Status And Effect of Cooperative Joint Ventures under Indian Competition Law” which was published in the Manupatra Competition Law Reports. During the course of research for the paper, I had come across a number of articles on Cooperative Joint Ventures in China. It seems they are considered a convenient method of doing business there. Therefore, as a post script to the paper, the following is a short post on the concept of Chinese Cooperative Joint Ventures and their utility under the Competition Law of China.:

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Firstly, the concept of a Cooperative joint Venture is much the same as in any other jurisdiction, and so for a detailed discussion on the definition of the Cooperative joint Venture, kindly refer to the paper mentioned above.

Secondly, Cooperative Joint Ventures are common between foreign and Chinese firms as foreign entities consider them a convenient gateway into the Chinese market. They are in fact so popular, that there is a separate Law on Sino-foreign Cooperative Joint Ventures.

Thirdly, as to the advantages and disadvantages of entering into a Cooperative Joint Venture in China, it’s best to hand over the floor to Paul H. Folta, who has written an informative piece on Cooperative joint Ventures in China.

 

 

 

 

 

Status And Effect of Cooperative Joint Ventures under Indian Competition Law

My article titled “Status And Effect of Cooperative Joint Ventures under Indian Competition Law” has recently been published in the Competition Law Reports (January, 2013 Edition)

In the article, I elaborate in detail the competition law regarding cooperative joint ventures and present the measures and methods which may be adopted by the Commission when it is finally called upon to handle such issues. Part I being the introduction, Part II elaborates upon the concept of cooperative/contractual joint ventures and provides a definition for the phrase and elaborates as to what exactly would constitute a cooperative joint venture.  Part III elaborates in detail the EU law regarding cooperative joint ventures, including the important Orders and Judgements in EU competition law on the same. Part IV focuses on the competition law (or anti-trust law) in the United States of America (U.S.A.) regarding such agreements. Part V deals with the problem of cooperative joint ventures under the Competition Act, 2002 and suggests the preferred method of analysis which may help the Commission best analyze such ventures or agreements.

Click here for a copy of the article and please do leave your comments and feedback on the same.