8 Financial Reorganization in Hungary and the Role of Joint Ventures

Keyword(s):  
1992 ◽  
Vol 5 (1) ◽  
pp. 53-67
Author(s):  
D.S. Nava

The EEC Treaty contains no specific provisions for the control of concentrations. Only the competition rules. Articles 85 and 86 EEC, could be considered as possible legal instruments for regulating concentrations. The Commission has had to examine whether and to what extent these provisions could be used to this end.The Commission's view has been that Article 85 does not apply to operations resulting in structural change, as is the case of concentrations and concentrative joint ventures. Cooperative operations, such as cooperative joint ventures, on the other hand fall to be assessed under Article 85. The Philip Morris case has made this position uncertain. According to the extensive interpretation of this judgement Article 85 is now applicable to certain concentrations and thus to concentrative joint ventures.There is no such uncertainty regarding the role of Article 86 in controlling concentrative joint ventures, for the Court has established in the Continental Can case that concentrations can be caught by Article 86.With the adoption in 1989 of the Regulation on concentration control the Commission finally has a legal instrument specifically designed to regulate concentrations. However, only concentrations and concentrative joint ventures which comply with certain turnover thresholds (the so-called concentrations or concentrative joint ventures with a Community dimension) can be assessed by the Commission under the Regulation. This means that the provisions of the Regulation can not be applied to concentrative joint ventures beneath the threshold.Because of the difficulty in distinguishing concentrative operations from cooperative ones, the Commission published the Notice regarding the concentrative and cooperative operations under the Regulation on the control of concentrations.


2000 ◽  
Vol 100 (5) ◽  
pp. 227-233 ◽  
Author(s):  
Mahmoud M. Yasin ◽  
Andrew J. Czuchry ◽  
James Martin ◽  
Ray Feagins

2002 ◽  
Vol 34 (12) ◽  
pp. 1563-1569 ◽  
Author(s):  
Giorgio Barba Navaretti ◽  
Enrico Santarelli ◽  
Marco Vivarelli

2016 ◽  
Vol 56 (2) ◽  
pp. 558
Author(s):  
Amita Riksen ◽  
Nick Chipman

In the increasingly transparent, real-time, digital business environment, the degree of collaboration required to succeed is rapidly expanding. Interdependencies created among diverse market participants, prospective partners and stakeholders is dramatically altering who actively participates in the oil and gas industry and how much influence they can yield. An industry deeply premised on technical innovation and excellence must evolve to broaden the value proposition and address the complex, expanded stakeholder groups. Traditional value drivers need to be extended to effectively leveragemulti-party joint ventures (JVs) to address the principles of license to operate and deliver the required capabilities. PwC hypothesises that risk-averse, technical, legal and quantitative biases drive joint venturing agreements to narrow obligations and sub-optimal outcomes. This is because narrow agreements ignore the behavioural, organisational and critical relationship-driven outcomes in contracting, venturing and alliance configurations. By widening the lens of JV agreements and strategic alliances, the authors look briefly at real case studies and undertake critical observations of the emerging industry behaviour, in identifying the following range of factors industry participants need to confront: the power and agility of social media driving industry response; the role of subjective, human factors in realising strategic objectives; the perceived rights of JV parties as the reality; the role of emotion in decision making and misalignments of culture/style/behaviours among stakeholders; the balance of diversity versus control requirements in governance management; the enablers for co-creating, high-performing ventures and contracting for co-operation alongside risk management; using the letter of the contract to facilitate rather than dictate behaviour; and, the power of influence to enable decision making. The shared experiences of the authors identify an attribution framework underpinning the contractual frame and extends into the effective planning and execution traits of high-performing, co-operative JVs.


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