Considering the direction of innovation in EU merger control

This paper considers the role that innovation plays in EU merger control analysis, and seeks to integrate perspectives highlighted by the philosophical literature on the so-called ‘direction of innovation’ in order to critically assess the impact of market concentration on the diversity of innovatio...

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Main Authors: Juliane Mendelsohn, Lukas Breide
Format: Article
Language:English
Published: Taylor & Francis Group 2024-12-01
Series:Journal of Responsible Innovation
Subjects:
Online Access:https://www.tandfonline.com/doi/10.1080/23299460.2024.2425120
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author Juliane Mendelsohn
Lukas Breide
author_facet Juliane Mendelsohn
Lukas Breide
author_sort Juliane Mendelsohn
collection DOAJ
description This paper considers the role that innovation plays in EU merger control analysis, and seeks to integrate perspectives highlighted by the philosophical literature on the so-called ‘direction of innovation’ in order to critically assess the impact of market concentration on the diversity of innovation and its ability to address larger normative questions and challenges, such as the transition to more sustainable economies. While normative goals other than competition are not an inherent part of merger control, this paper argues that in concentrated markets, ignoring such questions can play into the hands of the powerful merging entities, allowing them to further determine the direction of innovation to best serve their interests and business models rather than public interests. This is illustrated by critically discussing the merger between Bayer and Monsanto as an example.
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series Journal of Responsible Innovation
spelling doaj-art-58a032b6e5b84026a922aabb83d657ed2025-01-07T13:48:20ZengTaylor & Francis GroupJournal of Responsible Innovation2329-94602329-90372024-12-0111110.1080/23299460.2024.2425120Considering the direction of innovation in EU merger controlJuliane Mendelsohn0Lukas Breide1Department of Law and Economics of Digitization, TU Ilmenau, Ilmenau, GermanyDepartment of Law and Economics of Digitization, TU Ilmenau, Ilmenau, GermanyThis paper considers the role that innovation plays in EU merger control analysis, and seeks to integrate perspectives highlighted by the philosophical literature on the so-called ‘direction of innovation’ in order to critically assess the impact of market concentration on the diversity of innovation and its ability to address larger normative questions and challenges, such as the transition to more sustainable economies. While normative goals other than competition are not an inherent part of merger control, this paper argues that in concentrated markets, ignoring such questions can play into the hands of the powerful merging entities, allowing them to further determine the direction of innovation to best serve their interests and business models rather than public interests. This is illustrated by critically discussing the merger between Bayer and Monsanto as an example.https://www.tandfonline.com/doi/10.1080/23299460.2024.2425120Innovationmerger controlconcentrationcompetition lawcompetition policydirectionality
spellingShingle Juliane Mendelsohn
Lukas Breide
Considering the direction of innovation in EU merger control
Journal of Responsible Innovation
Innovation
merger control
concentration
competition law
competition policy
directionality
title Considering the direction of innovation in EU merger control
title_full Considering the direction of innovation in EU merger control
title_fullStr Considering the direction of innovation in EU merger control
title_full_unstemmed Considering the direction of innovation in EU merger control
title_short Considering the direction of innovation in EU merger control
title_sort considering the direction of innovation in eu merger control
topic Innovation
merger control
concentration
competition law
competition policy
directionality
url https://www.tandfonline.com/doi/10.1080/23299460.2024.2425120
work_keys_str_mv AT julianemendelsohn consideringthedirectionofinnovationineumergercontrol
AT lukasbreide consideringthedirectionofinnovationineumergercontrol