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Competition law's innovation factor : the relevant market in dynamic contexts in the EU and the US

Competition law's innovation factor : the relevant market in dynamic contexts in the EU and the US (4회 대출)

자료유형
단행본
개인저자
Robertson, Viktoria.
서명 / 저자사항
Competition law's innovation factor : the relevant market in dynamic contexts in the EU and the US / Viktoria Robertson.
발행사항
Oxford, UK ;   New York, NY :   Hart,   2020.  
형태사항
xxxii, 351 p. ; 24 cm.
총서사항
Hart studies in competition law ;volume 23
ISBN
9781509931897
요약
"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 that the concept of the relevant market was modelled on. 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 markets, potential competition and innovation competition -, intellectual property rights, innovative aftermarkets and multi-sided platforms. It 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"--
내용주기
Introduction -- The Functions of the Relevant Market in EU Competition and US Antitrust Law -- Innovation and Competition Law -- Innovative Product Markets -- Beyond Market Definition: Potential Competition, R&D Markets and Innovation Competition -- Intellectual Property Rights -- Innovative Aftermarkets -- Platform Markets -- Further Issues Concerning Innovation and Market Delineation -- An Antitrust Framework for Delineating Dynamic Markets -- Reflections : Is Market Definition Too Big to Fail - or is it Failing
서지주기
Includes bibliographical references and index.
일반주제명
Antitrust law --United States. Antitrust law --European Union countries. Technological innovations --Law and legislation --United States. Technological innovations --Law and legislation --European Union countries. Markets --Law and legislation --United States. Markets --Law and legislation --European Union countries.
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020 ▼a 9781509931897 ▼q (hardback)
020 ▼z 9781509931903 ▼q (epub)
035 ▼a (KERIS)REF000019125847
040 ▼a DLC ▼b eng ▼e rda ▼c DLC ▼d 211009
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050 0 0 ▼a K3842 ▼b .R63 2019
082 0 0 ▼a 343.2407/21 ▼2 23
084 ▼a 343.240721 ▼2 DDCK
090 ▼a 343.240721 ▼b R652c
100 1 ▼a Robertson, Viktoria.
245 1 0 ▼a Competition law's innovation factor : ▼b the relevant market in dynamic contexts in the EU and the US / ▼c Viktoria Robertson.
260 ▼a Oxford, UK ; ▼a New York, NY : ▼b Hart, ▼c 2020.
300 ▼a xxxii, 351 p. ; ▼c 24 cm.
490 1 ▼a Hart studies in competition law ; ▼v volume 23
504 ▼a Includes bibliographical references and index.
505 0 ▼a Introduction -- The Functions of the Relevant Market in EU Competition and US Antitrust Law -- Innovation and Competition Law -- Innovative Product Markets -- Beyond Market Definition: Potential Competition, R&D Markets and Innovation Competition -- Intellectual Property Rights -- Innovative Aftermarkets -- Platform Markets -- Further Issues Concerning Innovation and Market Delineation -- An Antitrust Framework for Delineating Dynamic Markets -- Reflections : Is Market Definition Too Big to Fail - or is it Failing
520 ▼a "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 that the concept of the relevant market was modelled on. 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 markets, potential competition and innovation competition -, intellectual property rights, innovative aftermarkets and multi-sided platforms. It 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"-- ▼c Provided by publisher.
650 0 ▼a Antitrust law ▼z United States.
650 0 ▼a Antitrust law ▼z European Union countries.
650 0 ▼a Technological innovations ▼x Law and legislation ▼z United States.
650 0 ▼a Technological innovations ▼x Law and legislation ▼z European Union countries.
650 0 ▼a Markets ▼x Law and legislation ▼z United States.
650 0 ▼a Markets ▼x Law and legislation ▼z European Union countries.
830 0 ▼a Hart studies in competition law; ▼v volume 23.
945 ▼a KLPA

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학도서실(법학도서관 지하1층)/ 청구기호 343.240721 R652c 등록번호 111826742 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차

PART I
MARKET DEFINITION AND INNOVATION
1. Introduction
I. Innovation and the Relevant Market: The Issues at Stake
II. The Parameters of this Study
III. The Course of this Study
2. The Functions of the Relevant Market in EU Competition and US Antitrust Law
I. The Relevant Product Market under US Antitrust Law
II. The Relevant Product Market under EU Competition Law
III. The Functions of the Relevant Product Market in the EU and the US: A First Comparative Look
IV. No More Antitrust Market Definition?
V. Conclusion
3. Innovation and Competition Law
I. The Notion of Innovation
II. Distinctive Features of Innovative Markets as Challenges for Antitrust Market Definition
III. Perspectives on Incorporating Dynamic Competition into Antitrust
IV. Conclusion

PART II
THE INNOVATION FACTOR IN MARKET DELINEATION UNDER EU COMPETITION AND US ANTITRUST LAW
4. Innovative Product Markets
I. Innovative Products as a Challenge for Market Definition
II. Product Differentiation Based on Innovation
III. Innovation and the Time Horizon for Market Definition
IV. The Definition of Future Markets
V. Conclusion
5. Beyond Marked Definition: Potential Competition, R&D Markets and Innovation Competition
I. Potential Competition in Innovative Markets
II. The US Innovation Market Approach
III. The Emergence of Innovation Competition
IV. Conclusion
6. Intellectual Property Rights
I. Market Definition and Intellectual Property Rights
II. The Move Away from Intellectual Property Rights Seen as Conferring Market Power
III. Market Definition in the Presence of Intellectual Property Rights
IV. Technology Markets and the Licensing of Intellectual Property Rights
V. Standard-Essential Patents and Product Market Definition: Just Another Technology Market?
VI. Conclusion
7. Innovative Aftermarkets
I. Policy Documents on Delineating Aftermarkets
II. The Relationship between Primary and Secondary Markets
III. Proprietary Primary Markets and Proprietary Aftermarkets
IV. The Special Case of Aftermarkets in Franchises
V. Conclusion
8. Platform Markets
I. Market Definition in Platforms
II. Free Services in Innovative Platform Markets
III. Delineating Multi-sided Markets
IV. Conclusion
9. Further Issues Concerning Innovation and Market Delineation
I. Standard Economic Tests and Innovation
II. Innovation and Geographical Market Definition
III. Conclusion
Conclusions on Part II: Accounting for Innovation When Delineating

PART III
RECONCEPTUALISING THE LEGAL FRAMEWORK FOR DELINEATING ANTITRUST MARKETS IN DYNAMIC CONTEXTS
10. An Antitrust Framework for Delineating Dynamic Markets
I. A Typology for Reconceptualising the Market Definition Framework
II. Options for Market Definition Guidance in the Presence of Innovation
III. Choosing a Market Definition Framework
IV. The Guidance Options as a Way Towards Convergence in Market Definition?
V. Conclusion
11. Reflections: Is Market Definition Too Big to Fail - or is it Failing Innovation?

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