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Sunday, October 22, 2006 |
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Joint ventures and oligopolies
Working on joint ventures requires that two companies mingle personnel, products, and methods. It fuses a common interest that has to persist even when the two companies are strong competitors in other areas. It's a fast way to make enemies into "friendly enemies." It also creates murky borderline issues. Antitrust regulators try to detect when cooperation in the joint venture spills over into an area in which two firms should be competing strenuously. The Federal Trade Commission (FTC), for example, has elaborate guidelines for what is and is not acceptable behavior in a joint venture. But attempting to fix a firewall between what joint partners can discuss (related to the venture), and what they can't discuss (such as the prices and costs of the rest of their business) is no easy task. Surely, for legal purposes, the written correspondence and witnessed conversations bend over backward to preserve the rules; but over a few drinks or on the golf course, who knows what might get discussed? And if not ending in direct collusion, joint ventures allow even further transfer of business methods and therefore more homogenization. 9:26:42 PM |