Antitrust Issues: Design, Negotiation and Operation of Joint Ventures Among Competitors

Part II of this series, presented by the co-head of Katten Muchin Rosenman's Antitrust and Competition practice James Calder, focuses on the practical issues that antitrust counsel must address during various stages of the life of the joint venture.  Unlike traditional transactions where counsel advises on paper about the transaction, 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. This session identifies those practical issues that counsel must address and manage. 

Learning Objectives:

I.      Identify those jurisdictions whose competition law applies to the joint venture

II.     Understand how negotiations and due diligence raise antitrust risks 

III.    Recognize the likelihood of antitrust review of the joint venture

IV.   Use tools during the formation/negotiation process to defend the joint venture during the investigation

V.    Summarize the critical role of antitrust counsel 

VI.   State antitrust issues raised by joint venture governance rules

VII.  Discuss of methods for controlling the creation of antitrust sensitive documents

VIII. Prepare for merger review of the joint venture’s formation 

IX.   Explore the crucial role of antitrust counsel in overseeing operation