The EU Commission considers potential harm to innovation as part of its merger assessments, particularly in R&D driven sectors such as pharmaceuticals and technology (Bayer / Monsanto)

The European Commission has routinely considered potential harm to innovation as part of its merger assessments, particularly in R&D driven sectors such as pharmaceuticals and technology. In recent years, however, the Commission’s traditional innovation concerns have developed into broader, more far-reaching concerns, requiring divestments of assets and R&D related to early stage pipeline products as well as of entire R&D capabilities. Such an approach has been applied most recently in the Commission’s conditional approval of Bayer/Monsanto [1]. Traditional Innovation Concerns Theoretically, innovation can be both enhanced and diminished by the level of competition in a market; on the one hand, less competition could lead to more innovation by encouraging companies to

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Authors

  • Shearman & Sterling (London)
  • Reed Smith (Brussels)
  • Shearman & Sterling (London)
  • Shearman & Sterling (London)

Quotation

Matthew Readings, Geert Goeteyn, James Webber, Ruba Noorali, The EU Commission considers potential harm to innovation as part of its merger assessments, particularly in R&D driven sectors such as pharmaceuticals and technology (Bayer / Monsanto), 21 March 2018, e-Competitions March 2018, Art. N° 86559

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