Monday, March 1, 2021
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.