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Secretariat of Swiss Competition Commission advises on changes in shareholder structure of joint ventures

March 2019

Joint control under Swiss competition law may be given even without technical veto rights of the minority shareholder if the majority shareholder is unlikely to exercise its casting vote in the event of a deadlock situation. This is the case, for example, if the majority shareholder is discouraged to do so by a lengthy settlement or escalation process or by a put option vested with the minority shareholder causing financial disadvantages to the majority shareholder.

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