Incorporating Dynamic Efficiency Concerns in Merger Analysis

Incorporating Dynamic Efficiency Concerns in Merger Analysis PDF Author: Richard J. Gilbert
Publisher:
ISBN:
Category : Clayton Act
Languages : en
Pages : 40

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Incorporating Dynamic Efficiency Concerns in Merger Analysis

Incorporating Dynamic Efficiency Concerns in Merger Analysis PDF Author: Richard J. Gilbert
Publisher:
ISBN:
Category : Clayton Act
Languages : en
Pages : 40

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Book Description


Innovation Markets and Competition Analysis

Innovation Markets and Competition Analysis PDF 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.

IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition

IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition PDF Author: Hovenkamp, Janis, Lemley, Leslie, Carrier
Publisher: Wolters Kluwer
ISBN: 1454885289
Category :
Languages : en
Pages : 3280

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Demand Elasticities in Antitrust Analysis

Demand Elasticities in Antitrust Analysis PDF Author: Gregory Werden
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 66

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Antitrust Law Journal

Antitrust Law Journal PDF Author:
Publisher:
ISBN:
Category : Energy policy
Languages : en
Pages : 834

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Dynamic Capabilities and Strategic Management

Dynamic Capabilities and Strategic Management PDF Author: David J. Teece
Publisher: Oxford University Press on Demand
ISBN: 019954512X
Category : Business & Economics
Languages : en
Pages : 313

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Book Description
How do firms grow? How do firms compete? An influential answer to these fundamental questions of business strategy lies in the concept of dynamic capabilities. David Teece provides a clear statement of his ideas, and a framework for managers wishing to assess their organization's strategy.

Intellectual Property and Antitrust

Intellectual Property and Antitrust PDF Author: Mariateresa Maggiolino
Publisher: Edward Elgar Publishing
ISBN: 1849809631
Category : Law
Languages : en
Pages : 289

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Book Description
This book brings to bear Professor Maggiolino?s considerable skills as a comparative competition law scholar on what is perhaps the single most important competition policy issue facing us today - namely, how to use IP policy and competition policy in tandem to further both economic competition and competition in innovation. Professor Maggiolino?s book covers a large range of IP practices by dominant firms where competition law can be invoked, including "sham" litigation and product design, improper infringement actions, predation, and refusals to license. This book is well researched, well written, and completely up to date. Every serious competition law/antitrust and intellectual property scholar and practitioner should regard it as "must" reading.

Research Handbook on Sustainability and Competition Law

Research Handbook on Sustainability and Competition Law PDF Author: Julian Nowag
Publisher: Edward Elgar Publishing
ISBN: 1802204660
Category : Law
Languages : en
Pages : 589

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Book Description
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This Research Handbook explores the complex interplay between competition law and sustainability, and also provides key insights into the role and limitations that tax, environmental laws, consumer laws, and social laws have in promoting sustainability. A distinguished array of international experts examine core principles of environmental and social sustainability, delve into the economic dynamics that shape this multidimensional relationship, and critically analyse how competition law and policy can both positively and negatively shape sustainability outcomes.

Competition Law and Patents

Competition Law and Patents PDF Author: Irina Haracoglou
Publisher: Edward Elgar Publishing
ISBN: 1848440111
Category : Law
Languages : en
Pages : 272

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Book Description
This is an incredibly interesting book on an increasingly pertinent topic. . . the book is succinctly written and provides a comprehensive overview of EU law. . . providing a really useful analysis of the European cases concerned with the imposition of a duty to deal in relation to intellectual property. . . This book is a thoroughly enjoyable read, and perhaps because of its brevity the author retains her focus on the central issues being examined. I found it to be engaging and thought provoking. Jane Nielsen, Competition and Consumer Law Journal The book caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself. Journal of Intellectual Property Rights Using the example of research tools in biopharmaceutical research and innovation, this book examines the complexities of the relationship between two fundamental areas of law and policy intellectual property rights and competition law. It addresses a question that is certain to become paramount in other industries also: how to strike the balance between initial and follow-on innovation so as to ensure that access to essential research tools (or other fundamental elements to follow-on innovation) is not impeded. The book concludes by suggesting how competition law could be used to complement the patent balance. Competition Law and Patents caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself.

Fairness in Antitrust

Fairness in Antitrust PDF Author: Adi Ayal
Publisher: Bloomsbury Publishing
ISBN: 1782254013
Category : Law
Languages : en
Pages : 232

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Book Description
What drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? In this book Adi Ayal argues that the populist roots of antitrust are still with us, guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis. Antitrust is very much about fairness and morality; this book assesses how modern policy has hijacked popular support - based on traditional conceptions of political and economic power - to combat market power in narrowly defined micro-markets. Beginning with history, but delving into moral and political philosophy, Professor Ayal shows how arguments concerning fairness in antitrust apply both to monopolists and their victims. Fairness thus requires a balancing test based on context and respecting the rights of all parties involved. While traditionally fairness arguments were used to justify intervention where economic analysis did not, this book assesses them from first principles, to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes. Protecting weak consumers from strong monopolists may carry rhetorical weight, but the reality of antitrust is that the state is much more powerful than almost all firms it regulates. Protecting the strong from the weak, especially when 'weak' consumers hold legal power and influence, might very well be a moral imperative. This book offers a philosophical account of the conundrum facing competition policy which challenges widely-held yet often implicit and unfounded beliefs.