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

Antitrust / Competition Law

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

By Viktoria H.S.E. Robertson
Hart Publishing February 2020

Specifications

ISBN-13
9781509931897
Publisher
Hart Publishing
Publication
February 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of 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?
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