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Competition and Regulatory Controls

Economic recovery after the Covid19 pandemic will involve significant increased government spending on infrastructure projects and may incentivise more large scale Joint Ventures across the infrastructure sector.

Competition law and regulatory risk from joint ventures, especially between competitors, should be addressed at an early stage and throughout the life of the JV.

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

The consequences of breaching competition law can be serious with significant penalties – up to 10% of global turnover and personal liability for individuals.

Increased government spending on infrastructure may drive the need for more alliances and Joint Ventures to share risk, resources and expertise. Infrastructure client requirements for contractors to engage in closer collaboration and achieve greater efficiencies may also drive types of cooperation and information sharing between JV or alliance partners that may increase competition law risk.

Here we provide an overview of some of the main competition law and compliance risks to consider when planning Joint Ventures and alliances – especially when they are between competitors.

Key messages:

  • Risks of breaching competition law can be serious.
  • It is critical to address competition law considerations at the early stages of planning a Joint Venture.
  • The design and ongoing review of guidelines and protocols is critical to ensure compliance is maintained by JV partners.
  • Factor in new and evolving regulatory developments such as national security rules.
  • Consider the potential jurisdictional differences in regulation, especially after Brexit.
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.

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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 is a Projects & Finance Partner in the firm’s Construction and Project Solutions team. He specialises in the delivery of Energy, Natural Resource/Mining and Infrastructure projects. Rob is Africa focused with experience in construction advisory and global supply chain project execution mandates.

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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