Legal Question in Business Law in District of Columbia
Clayton Act
Is it necessary for JV partners to submit a merger notification to FTC before the creation of a JV corporation?
I understand Clayton Act is subject to merger and acquisition. Does creating a JV fall under the category of Clayton Act?
Asked on 3/31/09, 2:14 am
1 Answer from Attorneys
Lawrence Holzman
Holzman Law Firm, LLC
Re: Clayton Act
you probably need to give more facts about the exact circumstances that you are addressing. Are you trying to form a joint venture? or are you concerned that a joint venture by other entities is violating the clayton act?
In direct response to your question, neither the sherman nor clayton acts will apply unless certain thresholds are met in terms of the size of the corporations and the effect of their actions on the marketplace so that antitrust combonation is at issue.
Answered on 3/31/09, 6:54 am