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SYNTHESIS
Panel 1 - Developments of New Theories of Harm in Merger Reviews
Ioannis Lianos moderated the discussion. The panel will focus on five major topics: conglomerate ecosystemic theories of harm, innovation theories of harm, potential competition and killer acquisitions, privacy theories of harm and access to sensitive data, and legal standards, standards of proof, and judicial review.
Different instances where innovation theories of hardware come in
- The first one is how to define the field of competition, what is the competitive space where things are happening. It is important to focus on different dimensions of performance to determine what is the space where the competition is actually held (market, ecosystem, innovation space…).
- Secondly, the theory of harm, what type of effect on innovation are we talking about.
- Thirdly, outcome metrics which could be the level of innovation and observable performance indicators that are required as a result of these R&D investments. It could help to not only focus on internal documents but also move to more effects-based analysis.