Competition Law’s Innovation Factor: The Relevant Market in Dynamic Contexts in the EU and the US

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Viktoria H S E Robertson

Competition Law’s Innovation Factor

The Relevant Market in Dynamic Contexts in the EU and the US

Viktoria H S E Robertson

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English

Hart Publishing
26 August 2021

Competition law & Antitrust law

Series: Hart Studies in Competition Law

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.

By: Viktoria H S E Robertson
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 540g
ISBN: 9781509954681
ISBN 10: 1509954686
Series: Hart Studies in Competition Law
Pages: 384
Publication Date: 26 August 2021
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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

Reviews for Competition Law’s Innovation Factor: The Relevant Market in Dynamic Contexts in the EU and the US

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. -- Antónia Ferreira de Almeida, Universidade Católica 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 Robertson’s 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 *