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A Systematic Content Analysis Of Innovation In European Competition Law

By  |  April 24, 2023

By Thibault Schrepel, VU University Amsterdam

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    Innovation plays a crucial role in defining competitive dynamics. Given this fact, one might expect ‘innovation’ to play a consistent role in antitrust law. The present article conducts a systematic content analysis of the case law of the Court of Justice of the European Union to test this hypothesis. The results suggest that EU courts assign a fragmented role to innovation in competition law cases. We end with proposals to remedy this situation.

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