The competition rules applying to the relationship between a minority shareholder and the joint venture
Research output: Journal contributions › Journal articles › Research › peer-review
Authors
Key Points
• Although of great practical importance for businesses and their advisors, the treatment of non-controlling and controlling minority shareholdings under the EU competition rules lacks consistency and guidance.
• The authors argue that a more harmonized approach does not require an amendment of the EU Merger Regulation; rather, Art 101 TFEU can and should be applied in appropriate cases.
• The Austrian Supreme Court in the Austrian Drugstore case missed the opportunity to ask the Court of Justice for clarification on the applica-
bility of Art 101 TFEU in relation to a minority shareholder.
• Although of great practical importance for businesses and their advisors, the treatment of non-controlling and controlling minority shareholdings under the EU competition rules lacks consistency and guidance.
• The authors argue that a more harmonized approach does not require an amendment of the EU Merger Regulation; rather, Art 101 TFEU can and should be applied in appropriate cases.
• The Austrian Supreme Court in the Austrian Drugstore case missed the opportunity to ask the Court of Justice for clarification on the applica-
bility of Art 101 TFEU in relation to a minority shareholder.
| Original language | English |
|---|---|
| Journal | Journal of European Competition Law and Practice |
| Volume | 12 |
| Issue number | 8 |
| Pages (from-to) | 604-616 |
| Number of pages | 13 |
| ISSN | 2041-7764 |
| DOIs | |
| Publication status | Published - 01.10.2021 |