Joint ventures: uma alternativa para a prática da parceria empresarial

Abstract

Joint ventures are agreements that aim to enable the association betweencompanies that intend to act in a new joint operation, expanding its area of operationin the market. Thus, this modality, not explicitly disposed in the Brazilian legislation,can be performed in two different ways: (i) by the constitution of a new company and(ii) by the execution of an agreement, which will establish the conditions of thiscommercial deal. Different from the merger and acquisition process, the constitutionof a joint venture allows the interested companies to continue to perform theiractivities independently, without the need for its incorporation, consolidating thecommon objective that aims to benefit all parties involved in the project, guaranteeingthe division of results, fidelity in the business and the termination of the agreementwhen its purpose is reached. Furthermore, it is worth pointing out that thiscooperation method has its advantages and disadvantages, to be considered whendeciding which legal form will be adopted by the entrepreneur when setting up a newjoint operation. Therefore, this work intends to verify the effectiveness of the legalstructure of the joint venture in the acts of business partnership, analyzing its twoforms of constitution, the process of consolidation of this partnership, from theviability of the operation, in terms of competitive risks, which may require theapproval of CADE (Administrative Council for Economic Defense), as well as thetypes of companies used for the constitution of the corporate joint venture and thecharacteristics of the agreements executed for the formation of the non-corporatejoint venture