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Joint VentureSubsidiary 2025

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The document discusses the implications of parent company liability in cartel infringement cases, particularly focusing on the distinction between joint ventures and subsidiaries. It highlights how recent EU court rulings have shifted the presumption of liability towards parent companies for their joint ventures' antitrust violations, treating them similarly to wholly-owned subsidiaries. The analysis emphasizes the importance of 'decisive influence' that parent companies exert over their joint ventures, which can lead to joint and several liabilities for fines imposed by the European Commission. The document concludes with a warning that even minority shareholders may face increased scrutiny under antitrust laws.

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What are the 4 types of joint ventures?

There are four main JV types, each suited to different business needs: Project-based, function-based, Vertical and horizontal. JVs differ from partnerships in structure, duration, liability, and risk sharing, making them ideal for specific, high-impact business initiatives.

Can a subsidiary be a JV?

A joint venture subsidiary arises when two or more companies form a new legal entity under a joint venture agreement. This newly created entity operates as a subsidiary, with ownership shared among the parent companies based on their contributions.

What is the difference between a joint venture and a subsidiary?

A subsidiary is owned by a single parent company, while a joint venture involves shared ownership between two or more independent companies. Subsidiaries give the parent company full control, whereas joint ventures require shared decision-making.

Who owns the assets in a joint venture?

An incorporated joint venture will either be owned by shareholders with an equal interest in the joint venture company, on a majority/minority basis or by multiple shareholders each with a minority interest. The shareholders interests in the joint venture may either be fixed or subject to adjustment.

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