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ECJ judgment in Austria Asphalt smooths over a crack in EU merger control

The creation of a joint venture from a company which was previously solely controlled by one parent is only subject to EU merger control where it is a "full function" joint venture. So ruled the European Court of Justice (ECJ) on 7 September 2017 in Austria Asphalt v Bundeskartellanwalt (Case C-248/16).

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