TY - JOUR
T1 - A theory of corporate joint ventures
AU - Sanga, Sarath
N1 - Funding Information:
DOI: https://doi.org/10.15779/Z38G73740T Copyright © 2018 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. * Northwestern University Pritzker School of Law. Email: [email protected]. I thank Eric Talley, Robert E. Scott, Kerem Sanga, Jeffrey Rachlinski, Gabriel Rauterberg, Roberta Romano, James Pfander, Justin McCrary, Kate Litvak, Jeffrey Gordon, Victor Goldberg, James Texas Dawson, Richard R.W. Brooks, Patrick Bolton, Bernard Black, and Ian Ayres for very helpful comments. This research was supported by the Northwestern University Pritzker School of Law Faculty Research Program.
Publisher Copyright:
Copyright © 2018 California Law Review, Inc.
PY - 2018/10
Y1 - 2018/10
N2 - In a corporate joint venture, two corporations-often competitors-collaborate on a project. But how can corporations be partners and competitors at the same time? Though it sounds like a contradiction, such collaborations are commonplace. Many of the most familiar products come from corporate joint ventures, from hightechnology like solid-state drives for laptops or rocket boosters for NASA's Discovery program, to everyday items like Star Wars action figures and even Shredded Wheat cereal. Indeed, Meinhard v. Salmon, arguably the most celebrated case in all of business law, arose out of a dispute within a joint venture. Yet unlike more familiar business forms such as corporations or LLCs, neither case law nor statute provides a clear statement of what a joint venture is or even which laws apply. Given this confusion, it is not surprising that the literature has not produced a unified theory of the corporate joint venture: A coherent statement of both what it is as a matter of law and how it functions.
AB - In a corporate joint venture, two corporations-often competitors-collaborate on a project. But how can corporations be partners and competitors at the same time? Though it sounds like a contradiction, such collaborations are commonplace. Many of the most familiar products come from corporate joint ventures, from hightechnology like solid-state drives for laptops or rocket boosters for NASA's Discovery program, to everyday items like Star Wars action figures and even Shredded Wheat cereal. Indeed, Meinhard v. Salmon, arguably the most celebrated case in all of business law, arose out of a dispute within a joint venture. Yet unlike more familiar business forms such as corporations or LLCs, neither case law nor statute provides a clear statement of what a joint venture is or even which laws apply. Given this confusion, it is not surprising that the literature has not produced a unified theory of the corporate joint venture: A coherent statement of both what it is as a matter of law and how it functions.
UR - http://www.scopus.com/inward/record.url?scp=85056576868&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=85056576868&partnerID=8YFLogxK
U2 - 10.15779/Z38G73740T
DO - 10.15779/Z38G73740T
M3 - Review article
AN - SCOPUS:85056576868
SN - 0008-1221
VL - 106
SP - 1437
EP - 1475
JO - California Law Review
JF - California Law Review
IS - 5
ER -