Joint Venture Antitrust Considerations

Summary

This practice note outlines considerations for structuring a joint venture among competitors to comply with the U.S. antitrust laws. Joint ventures (or JVs) among competitors may be subject to scrutiny by the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (together, the antitrust agencies), and to private lawsuits challenging their legality. This practice note provides information regarding the legal framework for analyzing joint ventures, including the applicable substantive laws and when you may need to make a Hart-Scott-Rodino (HSR) Act merger notification filing for the transaction. It also describes key considerations for joint ventures that may heighten a venture's antitrust risk and provides suggestions for minimizing that risk for your clients.