Maastricht Centre for European Law Master Working Paper 2018/1 Eline Vancraybex Innovation in the EU Merger Control Battlefield: In Search for Best Practices All rights reserved No part of this paper may be reproduced in any form Without the permission of the author(s) The MCEL Master Working Paper series seeks to give excellent Master students the opportunity to publish their final theses and to make their work accessible to a wide audience. Those wishing to submit papers for consideration are invited to send work to:
[email protected] Our submission guidelines and further information are available at: http://www.maastrichtuniversity.nl/web/Institutes/MCEL/Publications1/MasterWorkingPapers.htm © ELINE VANCRAYBEX Published in Maastricht, February 2018 Faculty of Law Maastricht University Postbox 616 6200 MD Maastricht The Netherlands This paper is to be cited as MCEL Master Working Paper 2018/1 2 Table of Contents Maastricht Centre for European Law 1 2018/1 1 1. Introduction 4 2. The Innovation Concept 6 2.1. Types of Innovation 6 2.1.1. A General Definition 6 2.1.2. Sustaining vs Disruptive Innovation 6 2.2. Legal Perspective: Innovation in the EU (Non-)Horizontal Merger Guidelines 8 2.3. Economic Perspective: The Link between Innovation and Competition 9 2.4. Different Markets 11 2.5. Determinants of Innovation 11 2.5.1. Research and Development 12 2.5.2. Patents 12 2.5.3. Market Share 13 2.6. Complexity of Assessing Innovation Effects 13 3. The EU Approach 14 3.1. Assessment of Negative Effects 14 3.1.1. Framework 14 3.1.2.