This article develops the argument for lenient treatment of transnational joint ventures in several sections. The first section defines ajoint venture. The second and third summarize the historical application of the antitrust laws to joint ventures in general, and to transnationaljoint ventures in particular. The fourth section explores the economic bases for analysis and briefly notes some relevant political considerations. The fifth section analyzes the application of antitrust principles to transnational ventures, emphasizing the leading historic and contemporary judicial decisions, and attempting to identify and critique the developing analytical approaches.
Finally, the article suggests a judicial and legislative response that would conform antitrust analysis to the realities of international commerce that make joint ventures an appropriate, and often essential organizational structure for transnational business.
George E. Garvey, Transnational Joint Ventures and Antitrust Analysis, 21 STAN. J. INT’L L. 331 (1985).