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Competition Law’s Innovation Factor: The Relevant Market in Dynamic Contexts in the EU and US


ISBN13: 9781509931897
Published: February 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00



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In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility.

This criticism has come into sharper relief in a dynamic, innovation driven market, which does not correspond to the static market the concept was modelled on. This book explores this controversy, with particular attention being paid to the European dimension.

In addition it combines market delineation and innovation and analyses this intersection from a comparative legal perspective. In so doing, it makes an important contribution to the ongoing debate.

Subjects:
Competition Law
Contents:
PART I. MARKET DEFINITION AND INNOVATION
1. Introduction
2. The Functions of the Relevant Market in EU Competition and US Antitrust Law
3. Innovation and Competition Law
PART II. THE INNOVATION FACTOR IN MARKET DELINEATION UNDER EU COMPETITION AND US ANTITRUST LAW
4. Innovative Product Markets
5. Beyond Marked Definition: Potential Competition, R&D Markets and Innovation Competition
6. Intellectual Property Rights
7. Innovative Aftermarkets
8. Platform Markets
9. Further Issues Concerning Innovation and Market Delineation
Conclusions on Part II: Accounting for Innovation When Delineating
PART III. RECONCEPTUALISING THE LEGAL FRAMEWORK FOR DELINEATING ANTITRUST MARKETS IN DYNAMIC CONTEXTS
10. An Antitrust Framework for Delineating Dynamic Markets
11. Reflections: Is Market Definition Too Big to Fail – or is it Failing Innovation?