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The aim of the paper is to show instruments used by anti-monopoly authorities to assess, if joint venture is full function or not. The author tries to answer the question, if the criterion of full functionality is really used in practice by the European Commission. Because of lack of theoretical and legal mechanisms of assessment, the list of tools prepared by the author is based on the decisional practice of the EU Commission. There were used dogmatic methods, case study and economic analysis of law. As a result there was constructed list of tools, that enables to assess whether joint venture is a form of concentration or a form of cartel.

The Criterion of Full Functionality in Joint Venture Analysis