Sep 07, · examiners for their helpful comments, which greatly enhanced the quality of my PhD thesis. I specially acknowledge the substantial funds provided by UCT’s Postgraduate funding office, Law Faculty, and IP-Unit of the Law Faculty, and Honourable George Property and Competition Law IJCL Ife Journal of Comparative Law IJGLS Indiana Journal of Nov 17, · When it comes to the competition between political parties and their candidates, the thesis argues that vouchers could help to solve the controversy regarding the distribution of parties’ public resources but that, in any event, caps should be introduced to Author: Arthur Guerra Filho, Arthur Guerra Filho This thesis explores the justification for and realisation of the formal rule of law ideal in EU competition law. It argues that the form of market intervention for determining the legality of business conduct matters, although European enforcement has not always appreciated its significance
Concurrences Ph.D. Thesis Awards - Concurrences
by Marie Cartapanis Jun 17, Resources 0 comments. Marie obtained the Institut Universitaire Varenne Prize in Economic Law and the First Prize of Law and Political Science Faculty of Aix-Marseille University. The study offers a substantive analysis of the relationship between competition law and phd thesis competition law. On the one hand, innovation is a unique process for competition law. Phd thesis competition law classical view that competition is a contest involving market shares and prices has been turned on its head.
In innovative sectors, competition also concerns the new technologies used, the characteristics of new products and therefore innovation, its fruits and the processes that ensue. Yet competition law lacks the tools to understand these phenomena.
Assessing the market power of a firm or characterising a restriction to competition then become challenging exercises. The insufficient treatment of innovation in competition law may even lead to it being considered a factor restricting competition, whereas it is a new form of dynamic competition in innovative markets. Competition laws may therefore constitute a barrier to innovation. On the other hand, however, innovation, while unique, is no less fundamental and European competition law must evolve accordingly by adopting a proactive and dynamic approach, phd thesis competition law.
This poses a challenge to the contradiction between competition law and industrial policy. Second, a dynamic approach can be adopted by re-examining its implementing criteria, for example that of consumer welfare, in favour of the scope of consumer choice or even total welfare. A better balance should also be ensured between incentives for innovation and the flow of innovation.
Hence the two key points of this study: the singularity of innovation in the eyes of competition law, and the possibility of conceiving competition law as a tool to promote innovation. Thesis for the Doctorate in Private Law, Center for Economic Law, Aix-Marseille University France. Under the direction of Professor David BOSCO full Professor at Aix-Marseille University. Defended on December 8,before a jury composed of full Professors Valérie-Laure BENABOU Professor at Aix-Marseille UniversityNicolas BINCTIN full Professor at the University of PoitiersEmmanuelle CLAUDEL full Professor at the University of Paris II — Panthéon-Assas and Catherine PRIETO full Professor at the University Paris I — Panthéon-Sorbonne.
Thesis deemed « Very Honorable with the congratulations of the jury » and proposed for a thesis prize and publication. Innovation et droit de la concurrencePréface de D. BOSCO, Institut Universitaire Varenne, Collection des thèses, Paris, LGDJ,pages. The paradox of innovation. Petronius recounted the story of a craftsman who one day was granted an audience with the Roman Emperor Tiberius.
The man dropped onto the paving below his feet a vase made of a material unknown to the emperor. The object did not shatter but lost its shape slightly.
The craftsman picked up the vase and, phd thesis competition law, with the use of a hammer, knocked it back into shape. Think about it. On the one hand, phd thesis competition law, humankind is averse to innovation. Tiberius seemed to fear losing what he had gained. If a new material could phd thesis competition law substituted for gold, and if it spread throughout the city, then gold would lose all its value.
Moreover, this new material would make traditional vases more resilient. This aversion to innovationexpressed by Tiberius can still be observed today. Phd thesis competition law role of innovation is a source of concern, for example, where its effects relate to the environment or bioethical issues. On the other hand, however, our society is characterised by an imperative to innovate. Competition law is not immune to this contradictory relationship with innovation.
The intersection between innovation and competition law has spawned widespread debate. There are three main elements to the discussion. First, phd thesis competition law, innovation is seen both as a determinant and the result of a competitive market. Second, innovation is a phd thesis competition law of disruption for competition law. Third, the European Union has made innovation one of its key objectives. Purpose of the study. This article, and the thesis from which it derives, aims to address the legal tools of competition law — understood as European law on cartels, abuses of dominant position, market concentration and state aid — in the light of this objective of the authorities, with a view to offering a legal, reasoned and nuanced examination of this subject.
The definition of innovation. Innovation is a systemic phenomenon that takes place within an economic environment in which the law has a full role to play. However, it does not yet have a generally accepted legal definition. This suggests that there are two key elements that characterise an innovation: a market outcome and a market process. A market outcome. First, innovation materialises to varying degrees in a product, a process, or a marketing or organisational method.
In this sense, innovation is a market outcome. It is polymorphous, determined by the purpose of the result of the innovation. The distinction between product, process, marketing and organisational innovations is based on the purpose of the result of the innovation. Intermediation platforms, which involve the use of a new method to provide a pre-existing service, constitute a process innovation. Marketing innovations introduce a new feature relating to product pricing.
Examples include open-plan office spaces and teleworking. The distinction between radical innovations and incremental innovations is defined bythe intensity of the novelty they provide. While the improvement must be at least significant, the degree of its significance may vary.
An innovation is radical when it concerns the emergence of a product or process that did not previously exist and has a significant impact on the market. It is completely novel. This is the case, for example, of the internet process or the computer product. Incremental innovation, meanwhile, consists in an improvement to something pre-existing.
It is partially novel. This is the case, for example, of successive improvements to a software program that is already on the market. A market process. Second, innovation results from the implementation of multiple actions by various actors before it is introduced to the market. In this sense, innovation is a market process. Seen in this light, innovation is an ephemeral, elusive object for a jurist.
Digitalisation and the development of networks have considerably amplified these difficulties. Innovation now results from multiple actions and reactions between different stages of phd thesis competition law and between different actors. However, the question of what determines this process remains to be answered, phd thesis competition law.
Economists have subsequently looked at the flow, assimilation and combination of knowledge as the building blocks of innovation. Innovation is therefore analysed as a systemic phenomenon that takes place within an economic environment in which the law has a full role to play, phd thesis competition law. In this respect, phd thesis competition law, the law serves several functions: it enables innovation, protects innovation, controls innovation and promotes — or promises — innovation.
The promotion of innovation and European competition law. The study is concerned with the question of the latter function — the promotion of innovation. Such an approach is possible because competition law positions itself for a project. Since the Treaty of Rome, competition rules have been seen as a means to serve the purposes of the European Community. Competition law fits within a broader policy of market integration, with a view to creating a single European market. This instrumental role of competition law is modern.
Hence European law can be viewed as constructivist: its purpose is not only to sanction restrictions to competition but also to improve the functioning of markets. It must therefore be viewed as an active tool in the pursuit of political and economic objectives. An in-depth study of the relationship between competition law and the promotion of innovation poses numerous challenges. A first challenge is the singularity of innovation for competition law.
Because it is a dynamic process, the result of which is unpredictable, innovation can break the preconceptions of competition law. Innovation is therefore a singularity for competition law part one. But while it is unique, phd thesis competition law, innovation is no less fundamental for European competition law.
However, it will belong within the paradigm of competition only if competition law itself innovates and evolves by adopting a proactive and dynamic approach to promote it part two.
The characterisation of the relevant market is first step in any analysis of competition. Yet innovation is alien to the notion of market, which presupposes the existence of a product and an intersection between supply and demand for this product. The notion of substitutability thus fails to provide a satisfactory lens through which to consider and understand innovation.
Its definition fails to capture phd thesis competition law specificities associated with new products and the diversity of situations. Static analysis, which is based on a point-in-time snapshot of the market, offers no place for innovation, which is a process and not a stationary state, phd thesis competition law.
This shortcoming is all the more significant as the methods for assessing this substitutability are subject to caution. While a use-based analysis may seem the most appropriate, it avoids a number of issues that are related more to the functioning of the market than the characteristics of the products or services sold in it.
The particularities of multi-sided markets. These limitations are particularly acute when the definition of the relevant market involves multi-sided markets. Their characteristics wreak havoc with the use of a relevant market, phd thesis competition law, as they phd thesis competition law a redefinition phd thesis competition law its delineation. Overlooking these effects would constitute a fundamental mistake. The myth of the innovation market.
But because phd thesis competition law is a non-linear and evolving process, it would be illusory to want to delineate a market for it.
How to prepare for your PhD thesis defence
, time: 13:51
That’s the question many college students ask themselves (and Google), and we can understand them. Even when a student is a great essay Competition Law Phd Thesis Pdf writer, they might still not have enough time to complete all the writing assignments on time or do this well enough, especially Competition Law Phd Thesis Pdf when the exams are near This thesis explores the justification for and realisation of the formal rule of law ideal in EU competition law. It argues that the form of market intervention for determining the legality of business conduct matters, although European enforcement has not always appreciated its significance Apr 13, · Where possible, Concurrences grants every year two Ph.D. Awards: Ph.D. Award in Competition Law, and, Ph.D. Award in Competition and Economics. Law theses must concern EU competition law, law in member States, or law in States linked by cooperation agreements to the EU, as well as comparative law research with a European dimension. Only Ph.D. theses are eligible, not Master theses. Theses
No comments:
Post a Comment