K.1 The two main aspects of competition law to be considered when setting up the JV are:
● merger control (under the 2002 Enterprise Act and the EC Merger Regulation); and
● anti-competitive agreements (the Section I prohibition of the 1998 Competition Act, and Article 81 of the EC Treaty).
K.2 The other aspect of competition law, abuse of a dominant position in a market, may also be relevant after the JV has been set up, particularly if the activities of the JV are in a niche or uncompetitive area.