Competition and cooperation. - (from "elements of international marketing" by Giuseppe and Vincenzo Monti Porcasi, ed. Chaos Management)
In all sectors, companies are always looking Most often beyond the confines of their domestic market to compete on international markets. Often this involves the opportunity to seek foreign partners to share skills and resources through a joint venture. This term, in the practice of international trade that has not identified a specific and clearly defined legal case, but rather a wide range of assumptions about the strategic collaboration between businesses, not short-lived when two more companies agree to create a new company or otherwise to carry out joint business activity to which it intends to jointly participate.
The variety and multiplicity of the phenomenon, joint venture, means that many are the means of implementation of collaboration substantially due to two distinct types: Contractual joint venture or equity joint ventures. The choice influenced by the objectives to be pursued and the context in which we move, not to mention the influence of tax considerations and financial and possible legal issues (the applicable law, anti-trust law). In practice it is possible to identify a number of types most often recurring
· short-lived collaborations, which are carried out for example, when more companies are combining to make in comune un programma di ricerca o per mettere a punto una nuova tecnologia (research & development agreement) oppure quando più soggetti si consorziano per realizzare un determinato progetto (teaming agreement, consortium agreement) magari finanziando poi l’impresa con un prestito partecipativo o a lungo termine con carattere di partecipazione.
· limited functions joint-ventures , quali quelle con cui due imprese, spesso concorrenti fra loro, si accordano per condurre in comune una parte della loro attività imprenditoriale;
· full function joint-ventures , che si hanno quando i partecipanti fondendo le attività held by each of them in a specific sector, are a joint-venture company set to exploit a particular technology independently or in a particular geographic market on behalf of corporate shareholders;
· real mergers in which the venturers Participants shall cease to operate as independent entities in the market or at least leave some final segment of products that previously operated separately, and entrusted the continuation of activities in this field to the new entity resulting from the merger.
The need to form a joint venture is based on the identification of business objectives shared among the various venturers, which is followed by the need to identify the structure contrattale best suited to the task and to pursue the joint target, then examining their choices in light of the actual reason that led to the alliance between the companies, and the applicable regulations.
