Strategic Alliances - Part 5: Conclusions

As is evident from the above, black and white issues are infrequent when applying the Act to strategic alliances which maintain, create or enhance market power. Therefore, parties who believe their alliance is likely to have this effect may wish to request an advisory opinion.

When dealing with strategic alliances, it is important to focus on their actual and likely competitive effects. This focus highlights the fact that most strategic alliances will not be an issue under the Act. This results, not from an argument about the Act's application to these new forms of inter-firm cooperation, but rather from the fact that, in most cases, strategic alliances are unlikely to have as their purpose or effect the maintenance, creation or enhancement of market power. Where competition issues do arise, the Act is well-equipped to deal with these on a balanced basis.