This article first outlines the structures of the joint and tripartite enterprises. It then addresses two legal concerns facing an operational enterprise, the potential tort liability of enterprise participants and antitrust restrictions. Tort liability is a threshold concern of any joint venture or partnership, and antitrust law is a basic constraint on the operations of any business. The article proceeds to show that the problems they pose for a joint enterprise can be minimized or avoided. In the third part of the article the authors demonstrate the special utility of the joint enterprise.
Howard Anawalt & Karen Robbins,
The Joint Enterprise: Collaboration Between the Public and Private Sectors,
Mich. J. Int'l L.
Available at: https://repository.law.umich.edu/mjil/vol6/iss1/15