Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Monday, March 1, 2021

Merger Control and Innovation: A Rights-Based Approach

Merger Control and Innovation: A Rights-Based Approach

  • In recent years, competition agencies have assessed the effects of a merger in innovation looking at early pipeline products in scenarios where it is yet not possible to identify potential products.

  • Practitioners and scholars have unsuccessfully objected these approaches.

  • The paper proposes an alternative line of objections based in general legal principles applicable across different jurisdictions: the ‘causation objection’ and the ‘unacceptable bias’ objection.

  • If our objections are successful, they would set the scene for a more fundamental discussion about innovation and competition, and on whether competition law and competition agencies can play a more robust role in promoting innovation.

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