Competition and Innovation - The Role of Innovation in Enforcement Cases – OECD – December 2023 OECD discussion

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OECD Directorate for Financial and Enterprise Affairs

The document discusses the role of innovation in competition enforcement. It outlines three approaches: the incentives-based approach which focuses on traditional theories of harm in well-defined markets; the impact-based approach which focuses on capabilities in dynamic innovation markets; and an inverse relationship approach which considers countervailing factors and efficiency claims. The main challenges of these approaches are dealing with uncertainty, properly measuring and capturing innovation and competitive dynamics, meeting legal tests, and obtaining sufficient evidence.

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