TY - JOUR

T1 - The competition rules applying to the relationship between a minority shareholder and the joint venture

AU - Wirtz, Markus

AU - Dompke, Julian

PY - 2021/10/1

Y1 - 2021/10/1

N2 - 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.

AB - 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.

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=85118919542&partnerID=8YFLogxK

U2 - 10.1093/jeclap/lpab008

DO - 10.1093/jeclap/lpab008

M3 - Journal articles

AN - SCOPUS:85118919542

VL - 12

SP - 604

EP - 616

JO - Journal of European Competition Law and Practice

JF - Journal of European Competition Law and Practice

SN - 2041-7764

IS - 8

ER -