Joint Ventures
Contents
Place in the Framework
Joint ventures can involve agreements among competitors, but integrated collaborations often receive rule of reason treatment rather than per se condemnation.
Core Questions
- Is the restraint naked or ancillary to the venture?
- Does the venture create a new product, service, capacity, or efficiency?
- Which restraints are reasonably necessary to the collaboration?
Working Notes
Add notes here on the treatment of competitor collaborations, including when joint venture restraints are analyzed under the rule of reason.