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Competition Law's Innovation Factor: The Relevant Market in Dynamic Contexts in the Eu and the Us by Viktoria H. S. E. Robertson

Competition Law's Innovation Factor: The Relevant Market in Dynamic Contexts in the Eu and the Us

by Viktoria H. S. E. Robertson
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Book cover type: Hardcover
  • ISBN13: 9781509931897
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Hart Publishing
  • Publisher Imprint: Hart Publishing
  • Publication Date:
  • Pages: 336
  • Original Price: USD 150.0
  • Language: English
  • Edition: N/A
  • Item Weight: 713 grams
  • BISAC Subject(s): Administrative Law & Regulatory Practice and Military

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.

Robertson, Viktoria H. S. E.: - Viktoria H S E Robertson is Professor of Competition Law and Digitalization at the Vienna University of Economics and Business, Austria, and Director of The Competition Law Hub.

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