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Book Title: The Roles of Innovation in Competition Law Analysis
Editor(s): Nihoul, Paul; Van Cleynenbreugel, Pieter
Publisher: Edward Elgar Publishing
ISBN: 9781788972437
Section Title: Preface
Number of pages: 5
Extract:
Preface In today's society, innovation has become a key driver for economic policymaking. When trying to shape an innovative market environment, competition law can intervene in various ways. Approaching the subject from multiple angles and disciplines, the different chapters in this volume all focus in one way or another on the complex and varied relationship between competition law and innovation. Part I, entitled `Innovation throughout competition law analysis', focuses on the appearance and relevance of innovation as an instrument throughout competition law analysis. The part contains four chapters, which explore to what extent references to innovation feature and are granted room within existing competition law analytical frameworks. Chapter 1 by Pieter Van Cleynenbreugel demonstrates that innovation appears at different stages throughout competition law analysis. Both as a phenomenon exogenous to competition law analysis and as a tool embedded in competition analysis, references have been made to innovation. The author therefore calls for a more explicit differentiation between different types of competition law and innovation analysis, in order better to structure and understand academic debates in this context. Subsequent chapters within Part I deal with how innovation concerns have appeared throughout specific subtypes of competition law analysis. In the context of mergers, Chapter 2 by John Kwoka successfully shows that, within the context of pharmaceutical industry mergers, the scope for innovative business practices and research and development investments has diminished. That analysis concludes that the current analytical frameworks in place in the context of merger control do not necessarily and ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2018/1635.html