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Some experts have pointed out that Joint Ventures (JVs) are more prevalent in ti
Some experts have pointed out that Joint Ventures (JVs) are more prevalent in times of uncertainty compared to mergers and acquisitions (M&As) (Dintelman M. & Aschenbroich A., 2023). What might explain this trend? The growing prevalence of JVs during periods of uncertainty may be linked to their inherently flexible nature, several synergies and ability to retain control. Unlike M&As, where there is a significant commitment to forming a single entity bound by strict governance rules, JVs operate as strategic partnerships.
While JVs are favored for their strategic flexibility and adaptability in unpredictable environments, establishing them can be legally complex.
Governance and Control: Questions of authority and decision-making powers arise. Who has the final say, and what rights do the veto holders possess?
Capitalization: Agreements must be made regarding the JV’s capitalization. Disputes can occur when one party contributes intellectual property rights or other non-capital assets, leading to imbalance.
Deadlock Situations: What happens when the decision-making process reaches a standstill at the board or shareholder level?
Termination: The grounds and consequences of ending a JV need to be clearly defined to avoid future complications.
Competition: JVs can potentially create competition issues, requiring careful consideration beyond the scope of M&A antitrust perspectives.
Please make me a paper about this. Discussing all aspects. Also provide at least 4 good sources. Focus on Swiss Law or European Law.
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