Competition law's innovation factor : the relevant market in dynamic contexts in the EU and the US /
"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...
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Main Authors: | |
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Published: |
Hart Publishing,
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Publisher Address: | Oxford, UK : |
Publication Dates: | 2020. |
Literature type: | Book |
Language: | English |
Series: |
Hart studies in competition law ;
volume 23 |
Subjects: | |
Summary: |
"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 that the concept of the relevant market was modelled on. 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 markets, potential competition and innovation competition -, intellectual property rights, innovative aftermarkets and multi-sided platforms. It 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"-- |
Carrier Form: | xxxii, 351 pages ; 24 cm. |
Bibliography: | Includes bibliographical references (pages [319]-339) and index. |
ISBN: |
9781509931897 (hardback) : 1509931899 (hardback) 9781509931903 (epub) 1509931902 (epub) 9781509931910 (PDF ebook) 1509931910 (PDF ebook) |
Index Number: | K3842 |
CLC: |
D950.229.4 D971.222.94 |
Call Number: | D971.222.94/R652 |
Contents: | Introduction -- The Functions of the Relevant Market in EU Competition and US Antitrust Law -- Innovation and Competition Law -- Innovative Product Markets -- Beyond Market Definition: Potential Competition, R&D Markets and Innovation Competition -- Intellectual Property Rights -- Innovative Aftermarkets -- Platform Markets -- Further Issues Concerning Innovation and Market Delineation -- An Antitrust Framework for Delineating Dynamic Markets -- Reflections : Is Market Definition Too Big to Fail -- or is it Failing |