The competition rules applying to the relationship between a minority shareholder and the joint venture

Research output: Journal contributionsJournal articlesResearchpeer-review


  • Markus Wirtz
  • Julian Dompke
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.
Original languageEnglish
JournalJournal of European Competition Law and Practice
Issue number8
Pages (from-to)604-616
Number of pages13
Publication statusPublished - 01.10.2021

    Research areas

  • Law