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Competition Law and Shareholders' Agreements


Type: Article

ref: 22005153-172

N0:2 of 2005

Pages: 153-172

Shareholders’ agreements offer a versatile face from a competition law perspective. Depending on cases, they play a negligible, appreciable or decisive role in the determination of the applicable rule and in the identification of a possible restriction. They are essential, among other legal and factual elements, to the assessment of joint ventures and some forms of acquisitions. Competition Authorities do know it from experience. Drafters of shareholders’ agreements should keep this in mind when preparing their agreements.