Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/101378 
Year of Publication: 
2014
Series/Report no.: 
25th European Regional Conference of the International Telecommunications Society (ITS): "Disruptive Innovation in the ICT Industries: Challenges for European Policy and Business" , Brussels, Belgium, 22nd-25th June, 2014
Publisher: 
International Telecommunications Society (ITS), Calgary
Abstract: 
Because of the reliance on market analysis, current competition law may not be sufficiently fit for taking account of disruptive innovation which leads to the introduction of new products or services overthrowing existing markets. In the US, innovation has been given a more prominent place in competition analysis by way of recognizing the existence of 'innovation markets' and 'innovation competition' in, respectively, the 1995 Antitrust Guidelines for the Licensing of Intellectual Property and the 2010 US Merger Guidelines. Although a similar notion of 'competition in innovation' has been introduced in the EU in policy documents in the area of Article 101 TFEU, in merger review and abuse of dominance cases such a concept has not been applied yet. By giving insight into the way in which the different pillars of EU competition law deal with disruptive innovation, this paper aims to contribute to the debate on how competition policy could be more conducive towards innovation in dynamic industries.
Subjects: 
Disruptive innovation
dynamic competition
restrictive agreements
merger review
abuse of dominance
Document Type: 
Conference Paper

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