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Competition & Antitrust

14 February 2019
Marcel Meinhardt Secretariat of Swiss Competition Commission advises on changes in shareholder structure of joint venture

Switzerland - Lenz & Staehelin

The Secretariat of the Swiss Competition Commission recently issued advice in respect of Article 23(2) of the Cartel Act to two shareholders in a jointly controlled joint venture. The advice clarifies that joint control is given when the parent companies must agree on all important matters relating to the joint venture. Where several parent companies have unequal stakes in a company, minority shareholders must have a right to veto decisions that are essential to the strategic commercial behaviour of the joint venture.

Author: Marcel Meinhardt
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