Innovation And Competition Policy

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Innovation Matters

Richard J. Gilbert

Author : Richard J. Gilbert
Publisher : MIT Press
Page : 337 pages
File Size : 50,9 Mb
Release : 2022-06-07
Category : Business & Economics
ISBN : 9780262545792

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Innovation Matters by Richard J. Gilbert Pdf

A proposal for moving from price-centric to innovation-centric competition policy, reviewing theory and evidence on economic incentives for innovation. Competition policy and antitrust enforcement have traditionally focused on prices rather than innovation. Economic theory shows the ways that price competition benefits consumers, and courts, antitrust agencies, and economists have developed tools for the quantitative evaluation of price impacts. Antitrust law does not preclude interventions to encourage innovation, but over time the interpretation of the laws has raised obstacles to enforcement policies for innovation. In this book, economist Richard Gilbert proposes a shift from price-centric to innovation-centric competition policy. Antitrust enforcement should be concerned with protecting incentives for innovation and preserving opportunities for dynamic, rather than static, competition. In a high-technology economy, Gilbert argues, innovation matters. Gilbert considers both theory and available empirical evidence on the relationships among market structure, firm behavior, and the production of new products and services. He reviews the distinctive features of the high-tech economy and why current analytical tools used by antitrust enforcers aren't up to the task of assessing innovation concerns. He considers, from the perspective of innovation competition, Kenneth Arrow's “replacement effect” and the Schumpeterian theory of market power and appropriation; discusses the effect of mergers on innovation and future price competition; and reviews the empirical literature on competition, mergers, and innovation. He describes examples of merger enforcement by US and European antitrust agencies; examines cases brought against Microsoft and Google; and discusses the risks and benefits of interoperability standards. Finally, he offers recommendations for competition policy. The open access edition of this book was made possible by generous funding from Arcadia – a charitable fund of Lisbet Rausing and Peter Baldwin.

The Roles of Innovation in Competition Law Analysis

Paul Nihoul,Pieter Van Cleynenbreugel

Author : Paul Nihoul,Pieter Van Cleynenbreugel
Publisher : Edward Elgar Publishing
Page : 424 pages
File Size : 46,6 Mb
Release : 2018
Category : Electronic
ISBN : 9781788972444

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The Roles of Innovation in Competition Law Analysis by Paul Nihoul,Pieter Van Cleynenbreugel Pdf

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.

Innovation Markets and Competition Analysis

Marcus Glader

Author : Marcus Glader
Publisher : Edward Elgar Publishing
Page : 361 pages
File Size : 40,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9781847201683

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Innovation Markets and Competition Analysis by Marcus Glader Pdf

The book is warmly recommended to practitioners and academics from both the legal and the economic field. Guido Westkamp, Journal of Intellectual Property Law and Practice . . . Glader offers strong commentary and case explanation, coupled with insightful analysis, in this complex area. . . This book is strong on both the relevant law, and the economics arena in which the law must be applied, and deals equally well with the US and EC principles and practice. Mark Furse, European Competition Law Review The pace and scope of technological change is increasing, but some innovative technologies take years before they give rise to saleable products. Before they do, there is competition in ideas and research, but the ideas cannot be market tested, because there are no products or services to offer to consumers. Competition law, in Europe and the USA, cannot be applied to competition in research for innovation as if it was competition between products. Completely different problems arise and a completely different approach is needed. This book, the first on innovation markets, shows how this new approach has been used by competition authorities on both sides of the Atlantic in a wide variety of cases. It analyses in depth and detail the comparative law and economics of the problems arising from the different stages of these markets . It considers how far conclusions can be drawn about the future and comes to interesting, practical and sensible conclusions. And it avoids both unjustified scepticism and exaggerated enthusiasm about the theories of innovation markets. John Temple Lang, Cleary Gottlieb Steen & Hamilton LLP, Brussels and London; Trinity College Dublin, Ireland and Oxford University, UK This book examines the legal standards and their underlying economic rationale for the protection of competition in the innovation process, in both European competition law and American antitrust law. Apart from relevant regulatory frameworks, the author also reviews a range of case laws, which assess whether a transaction or unilateral conduct would limit market participants incentives and abilities for continued innovation and future competition. At the centre of this study is the innovation market concept. This concept entails the delineation, for purposes of antitrust analysis, of an upstream market for competing R&D. Questions of market definition, the assessment of innovation competition in defined markets, the role of efficiencies in the appraisal of transactions and possible remedies to alleviate anti-competitive effects are also explored. Updating the field of research in light of new developments and broadening and deepening the categorization and analysis of the innovation market area, this book will be of great interest to academics, practitioners and consultants, and also public policymakers.

Promoting Competition in Innovation Through Merger Control in the ICT Sector

Kalpana Tyagi

Author : Kalpana Tyagi
Publisher : Springer
Page : 328 pages
File Size : 53,8 Mb
Release : 2020-08-14
Category : Law
ISBN : 3662587866

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Promoting Competition in Innovation Through Merger Control in the ICT Sector by Kalpana Tyagi Pdf

This book addresses the question of how competition authorities assess mergers in the Information Communication Technology (ICT) sector so as to promote competition in innovation. A closer look at the question reveals that it is far more complex and difficult to answer for the ICT, telecommunications and multi-sided platform (MSP) economy than for more traditional sectors of the economy. This has led many scholars to re-think and question whether the current merger control framework is suitable for the ICT sector, which is often also referred to as the new economy. The book pursues an interdisciplinary approach combining insights from law, economics and corporate strategy. Further, it has a comparative dimension, as it discusses the practices of the US, the EU and, wherever relevant, of other competition authorities from around the globe. Considering that the research was conducted in the EU, the practices of the European Commission remain a key aspect of the content.Considering its normative dimension, the book concentrates on the substantive aspects of merger control. To facilitate a better understanding of the most important points, the book also offers a brief overview of the procedural aspects of merger control in the EU, the US and the UK, and discusses recent amendments to Austrian and German law regarding the notification threshold. Given its scope, the book offers an invaluable guide for competition law scholars, practitioners in the field, and competition authorities worldwide.

Competition, Innovation, and Antitrust

Federico Etro

Author : Federico Etro
Publisher : Springer Science & Business Media
Page : 296 pages
File Size : 47,9 Mb
Release : 2007-09-05
Category : Science
ISBN : 9783540496014

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Competition, Innovation, and Antitrust by Federico Etro Pdf

This book reviews recent progress in the theory of oligopoly and market leadership and provides new results on the theory of Stackelberg competition and Nash competition with strategic investment under endogenous entry. These theories are applied to models of competition in quantities, prices and to patent races. The results are used to propose a new approach to competition policy and issues of the abuse of dominance.

Innovation and Competition Policy

Alan S. Gutterman

Author : Alan S. Gutterman
Publisher : Unknown
Page : 533 pages
File Size : 44,6 Mb
Release : 1997-01-01
Category : Law
ISBN : 9041109455

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Innovation and Competition Policy by Alan S. Gutterman Pdf

This book uses the principles and tools of law and economics to examine the impact of regulation on the strategies of firms engaged in innovation. Specifically, the publication examines several key issues: economic aspects of patent rights, a state-created form of market exclusivity; the competitive exploitation of patent rights, in the form of licensing, from the perspectives of antitrust and competition law; the use of collaborative research and development arrangements as a means for reducing the costs and difficulties associated with new product development; and the attitudes of antitrust and competition regulators. In each of these areas, Innovation and Competition Policy makes reference to judicial decisions, economic theory, and the actual practices of firms in the marketplace. the book takes a comparative approach, evaluating both United States and in the European Community (EC) by: Reviewing past and current regulatory practices, and particularly contrasting and comparing recent proposed changes relating to the review of intellectual property licensing arrangements under antitrust and competition law. Examining how both have dealt with joint research and development ventures and with other pre-distribution collaborative arrangements, including the National Cooperative Research and Production Act in the United States and the EC's block exemption for research and development arrangements.

Competition Law, Innovation and Antitrust

Hedvig Schmidt

Author : Hedvig Schmidt
Publisher : Edward Elgar Publishing
Page : 301 pages
File Size : 42,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781849802352

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Competition Law, Innovation and Antitrust by Hedvig Schmidt Pdf

. . . a must-read for anyone wanting to study tying in more detail. . . the book offers a very thorough analysis of tying, together with some recommended improvements to the way in which tying is currently assessed under the EU and the US antitrust rules. Common Market Law Review Schmidt s Competition Law, Innovation and Antitrust is a superb introduction to the subject of tying arrangements and other bundled sales in high technology markets, principally as they are treated under US antitrust law and EU competition law. Schmidt thoroughly assesses the economics of such arrangements, the benefits they confer and the potential harms they impose, and then gives a positive introduction to the law. This is a comprehensive treatment of its subject and an indispensible aid to the competition law scholar or practitioner. Herbert Hovenkamp, University of Iowa, College of Law, US This innovative book assesses the hotly debated topic of tying from three different perspectives: competition law, economics and intellectual property rights. It highlights the faults and benefits of the current approaches to tying under EC competition law and US antitrust law. In the light of modern economic thinking, the recent review of Article 82 EC, and Sherman Act, Section 2, the author identifies a more economic approach to tying that moves away from the per se illegality label that has so far impinged on tying case law. Hedvig Schmidt recognizes the significance that tying can play on innovation and product development, and thus suggests a new approach which carves out a safe haven for technological integrated products to ensure continuous stimulation of innovation. With comparative assessments and investigations, this book is a must-read for academics specializing in competition law and theory, as well as practitioners and policy-makers of competition law and intellectual property.

Competing Through Innovation

David J. Teece

Author : David J. Teece
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 51,9 Mb
Release : 2013
Category : Business & Economics
ISBN : UCSD:31822040873440

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Competing Through Innovation by David J. Teece Pdf

This cohesive collection brings together David J. Teece's most important work on the nexus of innovation and competition policy. He was one of the first to flag the importance of innovation issues to competition policy 25 years ago. He has also pioneered the application of economic and organizational principles to issues in the management of innovation. Throughout these essays, Professor Teece shows how technological advances, the advent of the Internet and other recent shifts in the global business landscape have placed businesses in a radically altered situation from even just a few decades ago. He clearly elucidates the need for both businesses and policymakers to adapt to this rapidly evolving landscape by embracing and fostering next-generation competition policies. Topics discussed include antitrust policy, technology strategies, competition policy, market power and intellectual property issues. Students and professors of business and management, innovation studies, intellectual property and competition lawyers will find this volume a critical asset to their work. Policymakers and regulators will also benefit immensely from this lucid and comprehensive collection.

Innovation, Competition and Consumer Welfare in Intellectual Property Law

Gustavo Ghidini

Author : Gustavo Ghidini
Publisher : Edward Elgar Publishing
Page : 301 pages
File Size : 43,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849805254

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Innovation, Competition and Consumer Welfare in Intellectual Property Law by Gustavo Ghidini Pdf

Professor Ghidini has long since made himself a worldwide reputation as a leading scholar. He is a profound critic of intellectual property protection that follows rigid property logic, and favours the functionalist competition/innovation logic. Innovation, Competition and Consumer Welfare in Intellectual Property Law is truly enriching reading. Hanns Ullrich, College of Europe, Bruges, Belgium We in the United States have much to learn not only from Gustavo Ghidini s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law. Rudolph J.R. Peritz, New York Law School, US and author of Competition Policy in America This authoritative book provides a comprehensive critical overview of the basic IP paradigms, such as patents, trademarks and copyrights. Their intersection with competition law and their impacts on the exercise of social welfare are analysed from an evolutionary perspective. The analyses and proposals presented encompass the features and rationales of a legal field in constant evolution, and relate them to increasingly rapid technological, economic, social and geo-political developments. Gustavo Ghidini highlights the emerging trends that challenge the traditional all-exclusionary vision of IP law and its application. The author expertly combines holistic, evolutionary and constitutionally oriented approaches, with the search for a rebalancing of the IP rights holders positions with citizens and users rights. This book will appeal to academics, scholars and lawyers specializing in the realm of intellectual property, competition and comparative law.

Competition Policy and Intellectual Property in Today's Global Economy

Robert D. Anderson,Nuno Pires de Carvalho,Antony Taubman

Author : Robert D. Anderson,Nuno Pires de Carvalho,Antony Taubman
Publisher : Cambridge University Press
Page : 925 pages
File Size : 43,5 Mb
Release : 2021-08-05
Category : Business & Economics
ISBN : 9781107194366

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Competition Policy and Intellectual Property in Today's Global Economy by Robert D. Anderson,Nuno Pires de Carvalho,Antony Taubman Pdf

The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.

Competition Policy and Patent Law under Uncertainty

Geoffrey A. Manne,Joshua D. Wright

Author : Geoffrey A. Manne,Joshua D. Wright
Publisher : Cambridge University Press
Page : 559 pages
File Size : 52,8 Mb
Release : 2011-06-13
Category : Business & Economics
ISBN : 9781139498531

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Competition Policy and Patent Law under Uncertainty by Geoffrey A. Manne,Joshua D. Wright Pdf

Any legal regime must attempt to assess the trade-offs associated with rules that will affect incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors. The essays in this book approach this critical set of problems from an economic perspective.

Competition on the Internet

Gintarė Surblytė

Author : Gintarė Surblytė
Publisher : Springer
Page : 113 pages
File Size : 40,7 Mb
Release : 2014-11-24
Category : Law
ISBN : 9783642550966

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Competition on the Internet by Gintarė Surblytė Pdf

Undeniably widespread and powerful as it is, the Internet is not almighty: it can reach as high as the skies (cloud computing), but it cannot escape competition. Yet, safeguarding competition in “the network of networks” is not without challenges: not only are competitive processes in platform-based industries complex, so is competition law analysis. The latter is often challenged by the difficulties in predicting the outcome of competition, in particular in terms of innovation. Do the specific competition law issues in a digital environment presuppose a reconsideration of competition law concepts and their application? Can current competition law tools be adjusted to the rush pace of dynamic industries? To what extent could competition law be supplemented by regulation – is the latter a foe or rather an ally? This book provides an analysis of recent developments in the most relevant competition law cases in a digital environment on both sides of the Atlantic (the EU and the US) and assesses platform competition issues from a legal as well as an economic point of view.

To Promote Innovation

United States. Federal Trade Commission

Author : United States. Federal Trade Commission
Publisher : DIANE Publishing
Page : 315 pages
File Size : 54,5 Mb
Release : 2003
Category : Competition
ISBN : 9781428952744

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To Promote Innovation by United States. Federal Trade Commission Pdf

Innovation benefits consumers through the development of new and improved goods, services, and processes. Competition and patents stand out among the federal policies that influence innovation. Both competition and patent policy can foster innovation, but each requires a proper balance with the other to do so. This report by the Federal Trade Commission discusses and makes recommendations for the patent system to maintain a proper balance with competition law and policy.

Competition Policy and Regional Integration in Developing Countries

Josef Drexl

Author : Josef Drexl
Publisher : Edward Elgar Publishing
Page : 349 pages
File Size : 54,6 Mb
Release : 2012-01-01
Category : Business & Economics
ISBN : 9781781004319

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Competition Policy and Regional Integration in Developing Countries by Josef Drexl Pdf

'This wonderful volume offers a timely and important look at competition policy where it is changing the most – developing countries pursuing regional agreements. It provides superb analytical discussions of the impact of regional competition policy integration, why developing states have pursued this strategy, and the extent to which it is meeting their needs. the editors have assembled a superb roster of experts, so it is not a surprise that the book recommendations are insightful, and deserving of attention from policy makers.' – Andrew Guzman, Berkeley Law School, US This book presents a detailed study of the interface between regional integration and competition policies of selected regional trade agreements (RTAs), and the potential of regional competition laws to help developing countries achieve their development goals. the book provides insights on the regional integration experiences in developing countries, their potential for development and the role of competition law and policy in the process. Moreover, the book emphasizes the development dimension both of regional competition policies and of competition law. This timely book delivers concrete proposals that will help to unleash the potential of regional integration and regional competition policies, and also help developing countries to fully enjoy the benefits deriving from a regional market. Bringing together analysis from well-known scholars in the developed world with practical insight from scholars in countries hoping to exploit the potential of competition law, this book will appeal to academics working in the field of competition law, practitioners, policy makers and officials from developing countries, as well as those in development organizations such as UNCTAD.

Dynamic Competition and Public Policy

Jerome Ellig

Author : Jerome Ellig
Publisher : Cambridge University Press
Page : 298 pages
File Size : 44,8 Mb
Release : 2001-04-23
Category : Business & Economics
ISBN : 0521782503

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Dynamic Competition and Public Policy by Jerome Ellig Pdf

Scholars explore antitrust issues as these relate to dynamic industry competition and public policy.

Innovation And Competition Policy

Innovation Matters by Richard J. Gilbert Pdf

The Roles of Innovation in Competition Law Analysis by Paul Nihoul,Pieter Van Cleynenbreugel Pdf

Innovation Markets and Competition Analysis by Marcus Glader Pdf

Promoting Competition in Innovation Through Merger Control in the ICT Sector by Kalpana Tyagi Pdf

Competition, Innovation, and Antitrust by Federico Etro Pdf

Innovation and Competition Policy by Alan S. Gutterman Pdf

Competition Law, Innovation and Antitrust by Hedvig Schmidt Pdf

Competing Through Innovation by David J. Teece Pdf

Innovation, Competition and Consumer Welfare in Intellectual Property Law by Gustavo Ghidini Pdf

Competition Policy and Intellectual Property in Today's Global Economy by Robert D. Anderson,Nuno Pires de Carvalho,Antony Taubman Pdf

Competition Policy and Patent Law under Uncertainty by Geoffrey A. Manne,Joshua D. Wright Pdf

Competition on the Internet by Gintarė Surblytė Pdf

To Promote Innovation by United States. Federal Trade Commission Pdf

Competition Policy and Regional Integration in Developing Countries by Josef Drexl Pdf

Dynamic Competition and Public Policy by Jerome Ellig Pdf

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