Competition Law’s Innovation Factor: The Relevant Market in Dynamic Contexts in the EU and the US
Book information
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 is thrown into sharp relief in dynamic, innovation-driven markets that 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 law 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. The 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. Volume 23 in the series Hart Studies in Competition Law Preface Contents Table of Cases Table of Legislation and Soft Law Instruments PART I: MARKET DEFINITION AND INNOVATION 1. Introduction I. Innovation and the Relevant Market: The Issues at Stake II. The Parameters of this Study III. The Course of this Study 2. The Functions of the Relevant Market in EU Competition
and US Antitrust Law I. The Relevant Product Market under US Antitrust Law II. The Relevant Product Market under EU Competition Law III. The Functions of the Relevant Product Market in the EU and the US: A First Comparative Look IV. No More Antitrust Market Definition? V. Conclusion 3. Innovation and Competition Law I. The Notion of Innovation II. Distinctive Features of Innovative Markets as Challenges for Antitrust Market Definition III. Perspectives on Incorporating Dynamic Competition into Antitrust IV. Conclusion PART II: THE INNOVATION FACTOR IN MARKET DELINEATION UNDER
EU COMPETITION AND US ANTITRUST LAW 4. Innovative Product Markets I. Innovative Products as a Challenge for Market Definition II. Product Differentiation Based on Innovation III. Innovation and the Time Horizon for Market Definition IV. The Definition of Future Markets V. Conclusion 5. Beyond Market Definition: Potential Competition, R&D Markets
and Innovation Competition I. Potential Competition in Innovative Markets II. The US Innovation Market Approach III. The Emergence of Innovation Competition IV. Conclusion 6. Intellectual Property Rights I. Market Definition and Intellectual Property Rights II. The Move Away from Intellectual Property Rights Seen as Conferring Market Power III. Market Definition in the Presence of Intellectual Property Rights IV. Technology Markets and the Licensing of Intellectual Property Rights V. Standard-Essential Patents and Product Market Definition: Just Another Technology Market? VI. Conclusion 7. Innovative Aftermarkets I. Policy Documents on Delineating Aftermarkets II. The Relationship between Primary and Secondary Markets III. Proprietary Primary Markets and Proprietary Aftermarkets IV. The Special Case of Aftermarkets in Franchises V. Conclusion 8. Platform Markets I. Market Definition in Platforms II. Free Services in Innovative Platform Markets III. Delineating Multi-sided Markets IV. Conclusion 9. Further Issues Concerning Innovation and Market Delineation I. Standard Economic Tests and Innovation II. Innovation and Geographical Market Definition III. Conclusion Conclusions on Part II: Accounting for Innovation When Delineating Markets PART III: RECONCEPTUALISING THE LEGAL
FRAMEWORK FOR DELINEATING ANTITRUST
MARKETS IN DYNAMIC CONTEXTS 10. An Antitrust Framework for Delineating Dynamic Markets I. A Typology for Reconceptualising the Market Definition Framework II. Options for Market Definition Guidance in the Presence of Innovation III. Choosing a Market Definition Framework IV. The Guidance Options as a Way Towards Convergence in Market Definition? V. Conclusion 11. Reflections: Is Market Definition Too Big to Fail – or is it Failing
Innovation? Bibliography Index
Similar books
Competition Law’s Innovation Factor: The Relevant Market in Dynamic Contexts in the EU and the US
2020 · PDF
MySQL® Notes for Professionals book
2018 · PDF
MrExcel 2022: Boosting Excel
2022 · PDF
MrExcel 2022: Boosting Excel
2022 · PDF
Session C11: Ancient Cultural Landscapes in South Europe – their Ecological Setting and Evolution, Session C22: Gardeners from South America, Session S04: Agro-Pastoralism and Early Metallurgy Sessions, Session WS29: The Idea of Enclosure in Recent Iberian Prehistory, Session C88: Rhytmes et causalites des dynamiques de l'anthropisation en Europe entre 6500 ET 500 BC: Hypotheses socio-culturelles et/ou climatiques: Proceedings of the XV UISPP World Congress (Lisbon 4-9 September 2006) / Actes du XV Congrès Mondial (Lisbonne 4-9 Septembre 2006) Vol.36
2010 · PDF
THE BRITISH ARMY IN INDIA: ITS PRESERVATION BY AN APPROPRIATE CLOTHING, HOUSING, LOCATING, RECREATIVE EMPLOYMENT, AND HOPEFUL ENCOURAGEMENT OF THE TROOPS. with AN APPENDIX ON INDIA : THE CLIMATE OP ITS HILLS ; THE DEVELOPMENT OF ITS RESODRCBS, INDUSTRY, AND ARTS ; THE ADMINISTRATION OF JUSTICE ; THE BLACK ACT ; THE PROGRESS OF CHRISTIANITY ; THE TRAFFIC IN OPIUM ; THE VALUE OF INDIA ; PERMANENT CAUSES OF DISAFFECTION, AND OF THE RECENT REBELLION ; THE TRADITIONARY POLICY; MISGOVERNMENT BY NATIVE RULERS ; ANNEXATIONS OF THEIR TERRITORY, ETC.
1858 · PDF
Idries Shah 27 Books Collection : A Perfumed Scorpion, A Veiled Gazelle, Caravan of Dreams, Darkest England, Destination Mecca, Evenings with Idries Shah, Knowing How to Know, Learning How to Learn, Letters and Lectures of Idries Shah, Neglected aspects of Sufi study, Observations, Oriental Magic, Reflections, Seeker after Truth, Special Illumination, Special Problems in the study of Sufi ideas, Sufi thought and action, Tales of the Dervishes, The Dermis Probe, The Elephant in the Dark, The Englishman Handbook, Idries Shah Antology, The Magic Monastery, The natives are restless, wisdom of the Idiots PDF.
2022 · PDF
The travels of Capts. Lewis and Clarke from St. Louis, by way of the Missouri and Columbia rivers, to the Pacific ocean; performed in the years 1804, 1805 & 1806, by order of the government of the United States. Containing delineations of the manners, customs, religion, &c. of the Indians, comp. from various authentic sources, and original documents, and a summary of the Statistical view of the Indian nations, from the official communication of Meriwether Lewis. Illustrated with a map of the country, inhabited by the western tribes of Indians
1809 · PDF