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The Roles of Innovation in Competition Law Analysis

The Roles of Innovation in Competition Law Analysis

Author: Paul Nihoul; Pieter Van Cleynenbreugel
Publisher: Edward Elgar Publishing
ISBN: 9781788972437
Published In: November 2018
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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 in 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.
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