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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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
Dr. Dean Lewis

Partner

Dean has 35 years' experience of construction and engineering law, and extensive experience in international arbitration and mediation in connection with projects in almost all countries in the Asia Pacific region as well as the Middle East. He has been involved in arbitrations, as arbitrator, and as a party representative and advocate in ad hoc arbitrations and under the rules of the ICC, UNCITRAL, HKIAC, KLRCA and LCIA. Dean is an active arbitrator and mediator (accredited by HKIAC 1999), a member of Hong Kong International Arbitration Centre Panel of Mediators and List of Arbitrators and a member of Chartered Institute of Arbitrators (Hong Kong Branch) Panel of Arbitrators. Dean is Chairman of the Appeal Tribunal Panel under the Building's Ordinance, Hong Kong.

Lewis Dean
Dr. Michael Reich

Rechtsanwalt, Partner, Head of Competition, Germany

Reich Michael
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.

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