City infrastructure with pink colour overlay

Competition and Regulatory Controls

This module looks at how competition law and regulatory controls can impact the delivery of a joint venture for a complex global mega infrastructure project.

Antitrust and merger control rules are likely to be relevant throughout the creation and life cycle of a joint venture. It is therefore critical to address these issues at the early stages of planning how a JV will be formed and will operate.

The risks of breaching competition law can be serious in terms of significant penalties for the parties and personal liability for individuals.

Jason Fowler

Partner, Board Member, Gardiner & Theobold

One of the most challenging compliance issues for complex global JVs is the prohibition on the exchange of commercially sensitive information

Key Considerations

  • Understand how merger controls apply to JVs
  • Know the timeframe for JVs to notify National Competition Authorities
  • Consider how merger control filings are assessed
  • Know the rules if a merger control filing is not required
  • Understand how to guard against inadvertent exchange of commercially sensitive information
Davis Alan July_2019

Alan Davis

Partner, Head of Competition, EU & Trade

Antitrust and merger control rules are likely to be relevant throughout the creation and life cycle of a JV.

Meet the team

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Dr. Dean Lewis

Partner, Co-head of International Arbitration

Dean is a leading arbitration and mediation specialist representing parties in disputes arising out of major infrastructure and energy projects across Asia Pacific and the Middle East.

Lewis Dean
Rob Morson

Partner

Rob specialises in non-contentious construction matters with a focus on Africa and has extensive experience on complex energy and infrastructure projects. He is recognised for his (i) solution driven approach, (ii) strong FIDIC and NEC credentials and (iii) understanding and practical application of procurement and project execution strategies.

Dr. Michael Reich

Rechtsanwalt, Partner, Head of Competition, Germany

Michael advises on all aspects of German and European competition law.

Reich Michael
Catherine Workman

Partner, Head of Middle East

Catherine is a member of the firm's global Board, and specialises in advising public and private sector organisations around the world on PFI and PPP transactions. 

Workman Catherine_May 2020

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