Author: Benjamin R. Kern
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The relevant competitors in regard to innovation might, but not necessarily do, correspond to the identified competitors on actual product markets. Hence, the conventional analysis of product markets, in order to assess the potential anticompetitive effects of mergers, is insufficient to capture innovation competition in its full extent. As a consequence, the aim of this article is to introduce and compare the existing alternative approaches which can, in principle, be used for the assessment of anticompetitive innovation effects in merger review. By focusing on the applied U.S. Antitrust, it turns out that none of the existing approaches seems to be appropriate to fully account for innovation competition. However, the 'Innovation Market Analysis', the first framework especially designed for the assessment of innovation aspects, might still serve as a good starting point for the development of a revised assessment framework.
Author: Marcus Glader
Publisher: Edward Elgar Publishing
ISBN: 1847201687
Category : Law
Languages : en
Pages : 361
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Book Description
The book is warmly recommended to practitioners and academics from both the legal and the economic field. Guido Westkamp, Journal of Intellectual Property Law and Practice . . . Glader offers strong commentary and case explanation, coupled with insightful analysis, in this complex area. . . This book is strong on both the relevant law, and the economics arena in which the law must be applied, and deals equally well with the US and EC principles and practice. Mark Furse, European Competition Law Review The pace and scope of technological change is increasing, but some innovative technologies take years before they give rise to saleable products. Before they do, there is competition in ideas and research, but the ideas cannot be market tested, because there are no products or services to offer to consumers. Competition law, in Europe and the USA, cannot be applied to competition in research for innovation as if it was competition between products. Completely different problems arise and a completely different approach is needed. This book, the first on innovation markets, shows how this new approach has been used by competition authorities on both sides of the Atlantic in a wide variety of cases. It analyses in depth and detail the comparative law and economics of the problems arising from the different stages of these markets . It considers how far conclusions can be drawn about the future and comes to interesting, practical and sensible conclusions. And it avoids both unjustified scepticism and exaggerated enthusiasm about the theories of innovation markets. John Temple Lang, Cleary Gottlieb Steen & Hamilton LLP, Brussels and London; Trinity College Dublin, Ireland and Oxford University, UK This book examines the legal standards and their underlying economic rationale for the protection of competition in the innovation process, in both European competition law and American antitrust law. Apart from relevant regulatory frameworks, the author also reviews a range of case laws, which assess whether a transaction or unilateral conduct would limit market participants incentives and abilities for continued innovation and future competition. At the centre of this study is the innovation market concept. This concept entails the delineation, for purposes of antitrust analysis, of an upstream market for competing R&D. Questions of market definition, the assessment of innovation competition in defined markets, the role of efficiencies in the appraisal of transactions and possible remedies to alleviate anti-competitive effects are also explored. Updating the field of research in light of new developments and broadening and deepening the categorization and analysis of the innovation market area, this book will be of great interest to academics, practitioners and consultants, and also public policymakers.
Author: Viktoria H S E Robertson
Publisher: Bloomsbury Publishing
ISBN: 1509931910
Category : Law
Languages : en
Pages : 384
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Book Description
In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility. That criticism comes into sharper relief in dynamic, innovation-driven markets, which do not correspond to the static markets on which the concept of the relevant market was modelled. This book explores that controversy from a comparative legal perspective, taking into account both EU competition and US antitrust law. It examines the manifold ways in which courts and competition authorities in the EU and US have factored innovation-related considerations into market delineation, covering: innovative product markets, product differentiation, future markets, issues going beyond market definition proper – such as innovation competition, innovation markets and potential competition –, intellectual property rights, innovative aftermarkets and multi-sided platforms. This book finds that going forward, the role of market definition in dynamic contexts needs to focus on its function of market characterisation rather than on the assessment of market power.
Author: Lawrence B. Landman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article lays out the Future Markets Model, the methodology both the American and European competition authorities use when they protect competition in a Future Market. The Model has 4 prongs: A. Does a current product exist?B. How many firms are trying to develop a future product?C. For each possible future product, is it sufficiently developed that the authority will consider it a possible future product?D. How broad will the authority define the Future Market?Will the authority consider future products which are similar, but not identical, as future competing products?
Author: Lawrence B. Landman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Responding to commentators who say the American antitrust enforcers do not protect competition in Innovation Markets, two Federal Trade Commission officials acknowledge that these commentators are, in some cases, correct. But in other cases, these officials also claim, the enforcers do indeed protect competition in Innovation Markets. Replying to these FTC officials, this article seeks to kill the "Innovation Market Myth." The article analyzes the cases the FTC officials cite, and shows that in these cases the enforcers do not directly protect innovation, or saying the same thing, find Innovation Markets. Instead, in these cases as in similar cases, the enforcers protect competition in Future Markets, markets for products which do not exist.
Author: International Monetary Fund
Publisher: International Monetary Fund
ISBN: 1513574175
Category : Business & Economics
Languages : en
Pages : 28
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Book Description
We provide an overview of the theories and empricial evidence on the complex relationship among innovation, competition, and inclusive growth. Competition and innovation-led growth are critical to drive productivity gains and support broad-based growth. However, new technologies and trends in market concentration are stifling future innovation while contributing to the marked increase in inequality. Beyond consumer welfare in a narrow market, competition policy should adapt to this new reality by considering the spillover and dynamic effects of market power, especially on firm entry, innovation, and inequality. Innovation policies should tackle not only government failures but also market failures.
Author: United States. Federal Trade Commission
Publisher:
ISBN:
Category : Competition, International
Languages : en
Pages : 350
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Book Description
Author: Lawrence B. Landman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The European Commission has reviewed many mergers and similar transactions in which the American antitrust agencies claimed they found Innovation Markets. In these and similar cases, however, the European Commission, just like the American agencies, actually protected competition in Future Markets, markets for products which do not exist.
Author: Lawrence B. Landman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In Dow/Dupont the European Commission claims that it protects competition in an "Innovation Space." In such an "Innovation Space," the Commission claims, it can directly protect innovation. Yet in Dow/Dupont the Commission also said an "Innovation Space" is not an "Innovation Market." This article shows that, despite what the Commission claims, an "Innovation Space" is exactly the same as an "Innovation Market." Further, while the European Commission claims to protect competition in an "Innovation Space," it actually protects competition in a Future Market, a market for products which do not exist.
Author: Richard J. Gilbert
Publisher: MIT Press
ISBN: 026235862X
Category : Business & Economics
Languages : en
Pages : 337
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Book Description
A proposal for moving from price-centric to innovation-centric competition policy, reviewing theory and available evidence on economic incentives for innovation. Competition policy and antitrust enforcement have traditionally focused on prices rather than innovation. Economic theory shows the ways that price competition benefits consumers, and courts, antitrust agencies, and economists have developed tools for the quantitative evaluation of price impacts. Antitrust law does not preclude interventions to encourage innovation, but over time the interpretation of the laws has raised obstacles to enforcement policies for innovation. In this book, economist Richard Gilbert proposes a shift from price-centric to innovation-centric competition policy. Antitrust enforcement should be concerned with protecting incentives for innovation and preserving opportunities for dynamic, rather than static, competition. In a high-technology economy, Gilbert argues, innovation matters.
