Integrating Innovation Concepts into the Merger Control Context

A new article from Dr. Gönenç Gürkaynak and Dr. David Teece discusses how static models in merger control are insufficient in that they are not able to address the unpredictable and non-linear nature of innovation.

“Integrating innovation concepts into the merger control context,” published in the Journal of European Competition Law & Practice, makes the case that competition authorities often accept speculative innovation theories of harm while dismissing innovation defenses.

The authors suggest that a more neutral starting point in treating innovation is required by a fact-intensive, case-by-case analysis that incorporates dynamic efficiencies, spillover effects, and the long-term benefits of innovation.

The article calls for a paradigm shift, moving away from static tools to a multidisciplinary methodology that ensures merger control fosters innovation and supports long-term welfare. It offers timely guidance for practitioners and scholars in fields including antitrust, competition policy, mergers and acquisitions, and innovation and technology leadership.

The full article is available online.