Antitrust for Joint Ventures Part II: Practical Issues in Structuring and Managing the Joint Venture (Update)

In his updated two-part series, James Calder, co-head of Katten Muchin Rosenman's Antitrust and Competition practice, presents on antitrust treatment of joint ventures.  

Part II addresses the practical issues that antitrust counsel will encounter when structuring and managing the joint venture. Mr. Calder emphasizes the unique role of the attorney in this process, namely that it differs from traditional transactions where counsel advises on paper about the transaction. In this case, the creation of an on-going operational relationship among competitors requires antitrust supervision from the beginning of the process through the life of the venture itself.   

1. Identify those jurisdictions whose competition law applies to the joint venture
2. Recognize the likelihood of antitrust review of the joint venture
3. Address the formation/negotiation process to defend the joint venture during the investigation and understand how negotiations and due diligence raise antitrust risks
4. Understand antitrust issues raised by joint venture governance rules
5. Discuss methods for controlling the creation of antitrust sensitive documents
6. Explore the crucial role of antitrust counsel in overseeing operation