Competition Laws Innovation Factor: The Relevant Market in Dynamic Contexts in the EU and the US

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Description

In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility. That criticism comes into sharper relief in dynamic, innovation-driven markets, which do not correspond to the static markets on which the concept of the relevant market was modelled. This book explores that controversy from a comparative legal perspective, taking into account both EU competition and US antitrust law. It examines the manifold ways in which courts and competition authorities in the EU and US have factored innovation-related considerations into market delineation, covering: innovative product markets, product differentiation, future markets, issues going beyond market definition proper such as innovation competition, innovation markets and potential competition , intellectual property rights, innovative aftermarkets and multi-sided platforms. This book finds that going forward, the role of market definition in dynamic contexts needs to focus on its function of market characterisation rather than on the assessment of market power.

Reviews

This is a comprehensive and timely book on an important topic that is often overlooked in the literature Professor Robertson has made a valuable contribution to the field For anyone interested in the agency decisional practices, guidelines and case law on market definition in the European Union and the US, this is the go-to resource. -- Thomas Cheng, Faculty of Law, University of Hong Kong * Modern Law Review *
The author provides a deep analysis of case-law, law and soft law in order to clarify how the definition of relevant market as we know it may be aligned with the specific characteristics of dynamic markets an extraordinarily interesting comparative study. -- Antnia Ferreira de Almeida, Universidade Catlica Portuguesa * Market and Competition Law Review *
A most timely and important book the planned revision of the 1997 Notice is a complex endeavour, which can significantly benefit from Professor Robertsons careful reflections. -- Simonetta Vezzoso, Trento University * European Competition and Regulatory Law Review *
Viktoria Robertson wrote an insightful book on market definition and innovation, which underpins analyses of both tech monopolization and mergers. -- Friso Bostoen * CoRe Blog *

Author Bio

Viktoria H S E Robertson is Associate Professor at the University of Graz.