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EU Merger Regulation: Full-Function Joint Ventures—Practitioner Guide, Assessment Questionnaire and Notification Guidance

Published by a LexisNexis Competition expert

Precedents

Overview

Joint ventures cover a wide spectrum of commercial arrangements, from merger-style integrations to co-operation confined to particular functions such as production, distribution, or research and development (R&D). This questionnaire seeks sufficient detail about the joint venture’s activities to enable an initial assessment of whether it is a full-function joint venture for the purposes of the EU Merger Regulation (Council Regulation No 139/2004 on the control of concentrations between undertakings). If it is a full-function venture with an EU dimension (meaning the turnover thresholds are satisfied), the joint venture must be notified to the European Commission (the Commission) and cannot proceed until the Commission has found it compatible with the internal market. If the joint venture is not full-function and operates as a partnership that is, to a large extent, dependent on its parent companies, the establishment of the joint venture does not require notification; however, the Commission may exercise control after the fact, in light of Article 10(1) of the Treaty on the Functioning of the European Union (TFEU), which prohibits anti-competitive agreements between undertakings...

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Web page updated on 22/05/2026

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