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The Roles of Innovation in Competition Law Analysis
Rapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation.
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Critical Acclaim
Contributors
Contents
More Information
Rapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation.
With chapters from well-established and up-and-coming competition law and economics scholars – from the Academic Society for Competition Law (ASCOLA) – this book reflects on the role innovation has played, and can continue to play, within competition and antitrust law. In addition to uncovering innovation concerns within their analysis, the authors also make important contributions to academic and policy debates on the relationship between these areas of law and other instruments of innovation regulation, such as data protection regulation, intellectual property law, the regulation of big data, platforms and artificial intelligence.
Academics in competition and intellectual property law, economics and political science working on data protection or innovation more generally will find this book a useful insight into future challenges for constructing meaningful and effective laws within the area of innovation. Policymakers and practising lawyers will also find the example cases useful, especially for refining and restructuring perception about innovation in competition law.
With chapters from well-established and up-and-coming competition law and economics scholars – from the Academic Society for Competition Law (ASCOLA) – this book reflects on the role innovation has played, and can continue to play, within competition and antitrust law. In addition to uncovering innovation concerns within their analysis, the authors also make important contributions to academic and policy debates on the relationship between these areas of law and other instruments of innovation regulation, such as data protection regulation, intellectual property law, the regulation of big data, platforms and artificial intelligence.
Academics in competition and intellectual property law, economics and political science working on data protection or innovation more generally will find this book a useful insight into future challenges for constructing meaningful and effective laws within the area of innovation. Policymakers and practising lawyers will also find the example cases useful, especially for refining and restructuring perception about innovation in competition law.
Critical Acclaim
‘The book, consisting of 14 pieces written by established authorities as well as by promising new voices in the field, offers an intuitive and harmonious read—thanks to the quality of the papers themselves but also to an excellent job done by its editors (...), who have reduced all the contributions to a common denominator, making the book an exciting volume which strikes a perfect balance between coherence and diversity.’
– O. Andryichuk, European Competition Law Review
– O. Andryichuk, European Competition Law Review
Contributors
Contributors: M. Botta, J.S. Frank, S. Hayashi, W. Kerber, P. Kuoppamäki, J. Kwoka, B. Lundqvist, M. Maggiolino, F. Marcos, M.L. Montagnani, P. Nihoul, V. Robertson, C. Seitz, B. Tangsatapornpan, P. Van Cleynenbreugel, J. Vesala, K. Wu, D. Zimmer, N. Zingales
Contents
Contents:
Preface
PART I: INNOVATION THROUGHOUT COMPETITION LAW ANALYSIS
1. Innovation in competition law analysis : making sense of on-going academic and policy debates
Pieter Van Cleynenbreugel
2. The effects of mergers on innovation: economic framework and empirical evidence
John Kwoka
3. Innovation by dominant firms in the market: damned if you don’t….but damned if you do?
Francisco Marcos
4. Protecting innovation from unfair practices
Juha Vesala
PART II: INNOVATION AND REGULATION: CHALLENGES FOR COMPETITION LAW AND POLICY
5. Data protection considerations in antitrust analysis: funnel or straightjacket for innovation?
Nicolo Zingales
6. Healthcare systems and competition: challenges and boundaries for the application of competition law in highly regulated markets of the healthcare sector in the European Union
Claudia Seitz
7. Competition Policy and the Development of Big Data and Artificial Intelligence
Shuya Hayashi, Kunlin Wu and Benjawan Tangsatapornpan
PART III: COMPETITION LAW AND INTELLECTUAL PROPERTY LAW: MAKING INNOVATION WORK?
8. Joint research and development collaborations under competition law
Björn Lundqvist
9. Patent settlements in the pharmaceutical industry: what can we learn from economic analysis?
Wolfgang Kerber and Jonas Severin Frank
10. Access to justice as abuse of market power? Injunctive relief on standard essential patents under US antitrust and EU competition law
Viktoria Robertson and Marco Botta
11. Wandering in the land of the EU Abuse of Rights: coordinates from the antitrust experience?
Mariateresa Maggiolino and Maria Lillà Montagnani
PART IV: THE PLATFORM ECONOMY – INNOVATION AND COMPETITION LAW AT CROSSROADS?
12. The digital economy: a challenge for competition policy?
Daniel Zimmer
13. Tying and two-sided digital platforms
Petri Kuoppamäki
Index
Preface
PART I: INNOVATION THROUGHOUT COMPETITION LAW ANALYSIS
1. Innovation in competition law analysis : making sense of on-going academic and policy debates
Pieter Van Cleynenbreugel
2. The effects of mergers on innovation: economic framework and empirical evidence
John Kwoka
3. Innovation by dominant firms in the market: damned if you don’t….but damned if you do?
Francisco Marcos
4. Protecting innovation from unfair practices
Juha Vesala
PART II: INNOVATION AND REGULATION: CHALLENGES FOR COMPETITION LAW AND POLICY
5. Data protection considerations in antitrust analysis: funnel or straightjacket for innovation?
Nicolo Zingales
6. Healthcare systems and competition: challenges and boundaries for the application of competition law in highly regulated markets of the healthcare sector in the European Union
Claudia Seitz
7. Competition Policy and the Development of Big Data and Artificial Intelligence
Shuya Hayashi, Kunlin Wu and Benjawan Tangsatapornpan
PART III: COMPETITION LAW AND INTELLECTUAL PROPERTY LAW: MAKING INNOVATION WORK?
8. Joint research and development collaborations under competition law
Björn Lundqvist
9. Patent settlements in the pharmaceutical industry: what can we learn from economic analysis?
Wolfgang Kerber and Jonas Severin Frank
10. Access to justice as abuse of market power? Injunctive relief on standard essential patents under US antitrust and EU competition law
Viktoria Robertson and Marco Botta
11. Wandering in the land of the EU Abuse of Rights: coordinates from the antitrust experience?
Mariateresa Maggiolino and Maria Lillà Montagnani
PART IV: THE PLATFORM ECONOMY – INNOVATION AND COMPETITION LAW AT CROSSROADS?
12. The digital economy: a challenge for competition policy?
Daniel Zimmer
13. Tying and two-sided digital platforms
Petri Kuoppamäki
Index
