The Suppression Of Innovation: Testing The Open Nature Of Article 102 TFEU

The suppression of innovation poses a serious but unheeded issue in terms of EU competition law, as it hinders technological development to the prejudice of consumers. This study, consequently, argues and conceptualises the suppression of innovation in light of Article 102 TFEU, which could potentially provide a sufficient legal environment to prevent these suppressions.(ARKA KAPAKTAN)

Table of Contents

Chapter 1
Introduction
1.1. The Rationale of the Research
1.2. The Scope of the Research
1.3. Research Questions
1.4. Literature Review
1.5. Contribution to the Knowledge
1.6. Methodology
1.7. Structure of the Book

Chapter 2
Theoretical Framework Of Innovation Suppression
2.1. Introduction
2.2. Definition of innovation
2.3. The concept of the new economy
2.4. Characteristics of the new economy
2.5. The cost of ınnovation: the trade-off between price, quality and innovation
2.6. Conclusion

Chapter 3
Suppression of Innovation in the Context of EU Competition Law
3.1. Introduction
3.2. Analysis of innovation considerations in the framework of EU competition law
3.3. Theoretical analysis of innovation suppression in terms of competition and intellectual property laws
3.4. Conclusion

Chapter 4
Frequently Encountered Patents Related Instances of the Suppression of Innovation in the Context of EU Competition Law
4.1. Introduction
4.2. The non-use of patent rights
4.3. Pay-for-delay agreements
4.4. Standardisation
4.5. Spare part designs protection: Suppression of innovation by locking-in consumers and knocking-out competitors
4.6. Evergreening patents as blockers of innovation
4.7. Overall Conclusion of the Chapter

Chapter 5
Suppression of Innovation via Predatory Innovation and Exclusionary Product Design: The Case of Planned Obsolescence
5.1. Introduction
5.2. The concept of planned obsolescence
5.3. Does planned obsolescence underrated or unnoticed issue?
5.4. What steps have been taken concerning planned obsolescence in the EU?
5.5. How much freedom do manufacturers have in the product design?
5.6. Planned obsolescence as an exclusionary product design practice
5.7. A legal treatment of planned obsolescence in the context of the EU competition law
5.8. Conclusion

Chapter 6
Final Conclusion
6.1. Summary of the Research
6.2. Contribution and Recommendations of the Research
6.3. Areas of Future Research

Bibliography