Innovation and the Domain of Competition Policy (original) (raw)
Related papers
SSRN Electronic Journal
This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters will be updated frequently. The author uses this casebook for a three-unit class in Innovation and Competition Policy taught at the University of Iowa College of Law and available to first year law students as an elective. This document is Chapter One of a complete revision, now the second edition, covering...
Carte Blanche, Quanta, and Competition Policy
2008
This Article takes as a premise that technological innovation, meaning the promotion of new products and processes through invention and creation, best occurs through competition. The challenge for intellectual property and antitrust law is recognizing the many ways that competition occurs as new products are developed, tested, commercialized, and marketed. Antitrust recognizes that competition can occur through entry of new firms and consumers into a marketplace with price as the central nervous system.
Perspectives on Competition Law: Problems and Solutions
Fordham International Law Journal, 1999
This essay suggests that it does not follow that competition between jurisdictions is good merely because competition between economic operators in pursuit of economic goals is a good thing. The result, as the discussion on television indicated, may simply be a jurisdictional mess, as Dr. Markus Wagemann put it. You end up with all sorts of people seeking to pursue their own values: cultural values, regional values, and linguistic values; and the economic operator simply does not know where he or she stands in this jurisdictional competition. This point can perhaps be completed by simply mentioning a remark made to me by Klaus Dieter Ehlermann, the former Director General of Competition and of the legal service of the Commission: 'It is the lawyers who make the good distinctions; politicians only make the distinctions that are convenient for them.' It is important to begin by making sure what we are talking about. My second point arises out of Professor Dr. Friedl Weiss's paper. From the vantage point of a judge, we are increasingly faced, not with a hierarchy of norms, but a competition between norms of apparently equal value. This essay then reflects that this is not the first time we have experienced a world in which there was the fullest competition between lower level jurisdictions. Third, this essay considers the importance of taking state aid into account. This essay concludes that greater jurisdictional autonomy leads to greater barriers to trade.
Edward Elgar Publishing eBooks, 1993
Tünde Gönczöl • Antitrust hipsters and their critics Gergely Csorba • Should European competition policy change in reaction to global challenges? Lessons from the Siemens-Alstom merger and its impact Pál Valentiny • Market and government failures. The changing relationship between industrial policy and competition policy interventions Borbála Tünde Dömötörfy-Barnabás Sándor Kiss-Judit Firniksz • Ostensible Dichotomy? By object and by effect restraints in EU competition law, with special regard to the Budapest Bank case Csongor István Nagy • Why is leniency policy less effective in Hungary: is there a regulatory answer? REGULATION Zombor Berezvai • The impact of retail regulation on consumer prices Zoltán Pápai-Péter Nagy • Dancing with hands and feet tied. The handling of zero-rating in net neutrality regulation as demonstrated by the Telenor Hungary vs NMHH case Vivien Csonka • An analysis of the integration of mobile network operators: efficiency gains and distortive effects on competition Surd Kováts-Gábor Szabó • Competition law interventions by the European Commission on energy markets Péter Kotek-Adrienn Selei-Borbála Takácsné Tóth • The impact of the construction of the Nord Stream 2 gas pipeline on gas prices and competition APPENDIX List of original Hungarian chapters List of Contributors • Tünde Gönczöl • ANTITRUST HIPSTERS AND THEIR CRITICS The renewal of competition law enforcement has become one of the focal points of political and professional debates in the United States. The main critics of the prevailing practice, the so-called antitrust hipsters campaign for bringing back the original goals of American competition law, and demand restrictions on the activities of huge corporations of the digital era, even by regulation if needed. This paper presents the ongoing and constantly evolving debate between the followers of the hipster antitrust approach and their critics. 42 It is not only Wu who claims that U.S. law enforcement should use the achievements of both the Harvard and Chicago Schools, and this is not even a completely original idea. See, for example, Piraino [2007]. On the comparison of schools of economic theory, see Atkinson-Audretch [2011]. 43 It seems that one of the important representatives of American competition law, the American Antitrust Institute (AAI; a non-profit organisation promoting the protection of competition and engaged in research, education and competition advocacy) also joined this approach which they deem to be progressive (Moss [2018]). Lessons from the Siemens-Alstom merger and its impact * The paper deals with the lessons from the European Commission's early 2019 prohibition of the Siemens-Alstom merger and the subsequent industrial policy debate. After reviewing the assessment principles in competition policy concerning mergers and describing the specific merger in detail, it discusses industrial policy's proposals for changes to practice and institutional reform in competition policy. Concerning policy proposals, while some principles and guidelines in competition policy need review, there is an ongoing professional discourse concerning these issues, and the fundamental assessment framework works well. Concerning institutions' suggestions, however, the proposed industrial policy reforms may restrict regulatory independence and erode the values of professional competition policy assessments, which are strong determinants of welfare in the long run. Among the public policy instruments, the study seeks to follow past changes in competition policy and industrial policy. In various periods, one was preferred over the other; the pendulum swung one way, then the other. One common trait of all the periods was that the changes clearly reflected ideological and political trends and various groups' ability to protect their own interests, and the end result of interventions was often not what was originally intended. The study briefly discusses the periods when monopolies emerged, the inception of competition regulation and the coexistence of competition and industrial policy in the last hundred years and its experiences. Hungarian leniency policy is generally considered to be less effective. Although, in regional comparison, it may appear to be successful, the statistical data shows that it falls behind the European average. This paper makes a comparative snapshot of Hungarian leniency policy in order to establish whether its relative ineffectiveness can be traced back to regulatory factors or to circumstances beyond regulation.
Monopoly and Competition: Tilting the Law Towards a More Competitive Economy
The big antitrust case has earned the reputation of being unmanageable and untriable, a guzzler of scarce enforcement resources, a demoralizer of trial lawyers and litigating parties, and a blight on the credibility of the litigation process. 1 The need to address the causes of attenuation of the complex antitrust case, and related concerns, 2 led the President of the United States to issue ExecutiVe Order 12022 establishing the National Commission for the Review of Antitrust Laws and Procedures 3 (National Commission or Commission). In essence, the President asked the Commission: What has gone wrong with the big antitrust case, and what should be done to correct the failings? What procedural and substantive revisions are necessary or appropriate to avoid runaway antitrust litigation and to deal more effectively
Innovation and Competition Policy, Ch. 9 (2d ed): The Innovation Commons
SSRN Electronic Journal
This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters will be updated frequently. The author uses this casebook for a three-unit class in Innovation and Competition Policy taught at the University of Iowa College of Law and available to first year law students as an elective. This Chapter, in a revised and expanded second edition, deals with issues of IP pooli...