Overview

In his new book, Professor Gönenç Gürkaynak dissects the complex relationship between competition and innovation, and attempts to optimize intervention in merger control, advocating for a case-by-case analysis under certain principles explored in the book. He powerfully challenges presumptions in merger control, based on his analysis of 80 merger control decisions in three major jurisdictions, and exhaustive research on academic literature.

Full Product Details

9781939007759

Table of Contents

Reviews

"""In my personal library, this book written by Dr. Gönenç Gürkaynak stands out as a remarkable source of information and an inspiring analysis about how innovation is, could, and should be treated, worldwide, by competition courts and agencies."" Professor Paul Nihoul, Judge at the Court of Justice of the European Union and Professor of Law at Université Catholique de Louvain. ""This book assembles and analyzes virtually everything worth knowing about the relationship between innovation and competition policy relevant to merger review, both as a matter of theory and as that relationship has been variously (mis) understood by the US, EU, and UK competition authorities. As a prominent antitrust lawyer, the author appreciates and demonstrates the need for case-by-case analysis to improve the empirical basis for merger decisions. The result is a stimulating and rewarding study that supports the author's doubts about structural presumptions given the current state of our knowledge."" Professor Douglas H. Ginsburg, Senior Circuit Judge of the U.S. Court of Appeals for the District of Columbia Circuit and Professor of Law at GMU Antonin Scalia Law. ""The relationship between competition policy and innovation is a close but complex one, and is further challenged by the impact of platform-based interactions on evolving markets. This valuable study of innovation theory in merger analysis is a detailed and thoughtful treatment of the topic, richly illustrated by a deep study of caselaw in the three jurisdictions that have contributed most to the jurisprudence. It lays out the current approach to innovation theory, as well as its historical origins, and will be welcomed by academics and practitioners in both law and economics."" Tim Frazer, Member of the UK Competition Appeal Tribunal. ""Dr. Gönenç Gürkaynak makes a powerful case for competition agencies to accept the cost of a more intensive examination of innovation efficiency arguments as necessary to determine when intervention to block or qualify proposed transactions is appropriate. These proposals stand upon an impressive foundation of conceptual analysis and the practical insights about merger control. This reflects the author's enviable accomplishments as a scholar and practitioner. Theory meets practice in the best way possible."" Professor William E. Kovacic, Global Competition Professor of Law and Policy at George Washington University Law School."

Author Information

Dr. Gönenç Gürkaynak is the founding partner of ELIG Gürkaynak Attorneys-at-Law, a leading law firm of 95 lawyers based in Istanbul, Turkey. He is also an academician, teaching law & economics and competition law at undergraduate and graduate levels at the University College London (UCL) Faculty of Laws as an honorary professor and at Bilkent University Faculty of Law in Turkey as a visiting professor. Frederic Jenny holds a Ph.D in Economics from Harvard University (1975), a Doctorate in Economics from the University of Paris (1977) and an MBA degree from ESSEC Business School (1966). He is Emeritus Professor of Economics at ESSEC Business School in Paris. He is Chairman of the OECD Competition Committee (since 1994), and Co-Director of the European Center for Law and Economics of ESSEC (since 2010). He was previously Non Executive Director of the Office of Fair Trading in the United Kingdom (2007-2014), Judge on the French Supreme Court (Cour de cassation, Economic Commercial and Financial Chamber) from 2004 to August 2012, Vice Chair of the French Competition Authority (1993-2004) and President of the WTO Working Group on Trade and Competition (1994-2003). He was visiting professor at Northwestern University Department of Economics in the United States (1978), Keio University Department of economics in Japan (1984), University of Capetown Business School in South Africa (1991), Haifa University School of Law in Israel (2012). He was Visiting Professor at University College London Law School (2005-2010), Global Professor of Antitrust in the New York University School of Law's Hauser Global Law School (2014, 2017 and 2022) and Senior Fellow in the Online Global Competition and Consumer Law Masters Program, University of Melbourne (Australia) (2016-2018). Before joining George Washington University Law School in 1999, Professor Kovacic was the George Mason University Foundation Professor at the George Mason University School of Law. From January 2006 to October 2011, he was a member of the Federal Trade Commission and chaired the agency from March 2008 to March 2009. He was the FTC's General Counsel from June 2001 to December 2004. In 2011 he received the FTC's Miles W. Kirkpatrick Award for Lifetime Achievement. From August 2013 to March 2022, Professor Kovacic served as a Non-Executive Director with the United Kingdom's Competition and Markets Authority. From January 2009 to September 2011, he was Vice-Chair for Outreach for the International Competition Network. He has advised many countries and international organizations on antitrust, consumer protection, government contracts, and the design of regulatory institutions. At GW, Professor Kovacic has taught antitrust, contracts, and government contracts. He is co-editor (with Ariel Ezrachi) of the Journal of Antitrust Enforcement. Professor Kovacic graduated with a bachelor's degree from Princeton University in 1974, and received his J.D. from Columbia Law School in 1978 where he was a Harlan Fiske Stone Scholar.

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available