Barry E. Hawk


This Article attempts to construct an intellectually coherent and predictable analysis of joint ventures, an undertaking which faces more serious problems under EEC law than U.S. law. First, EEC law makes it necessary to determine whether the Merger Regulation or Article 85 applies to any given joint venture. Second, Article 85's unfortunate bifurcation into paragraphs (1) and (3) (notification or nullity) and the resultant division of what should be a single antitrust analysis poses significant obstacles in the EEC treatment of joint ventures.