New Horizons in Competition Law and Economics series
Chapter 1: Introduction
The object of this book is to dissect the antitrust treatment in the US and under EU law of joint research and development (joint R & D), with some analysis of thereto connected agreements for the implementation of the result of such R & D collaborations, such as standardisation agreements. Special focus will be on the telecoms sector and the pharmaceutical and biotech industries. It is in these industries where collaboration into the creation and adoption of innovations seem to be ‘booming’ and is more common than in other industries; and where possible anticompetitive effects may also appear because of these collaborations. The book focuses on the evaluation and regulation of R & D collaborations under antitrust law, while the regulation of R & D ventures under merger regulations is left unchecked. The book is divided into two main parts: firstly, US antitrust regulation and case law for R & D collaborations and, secondly, EU competition rules and case law applying to the same collaborations. The historical regulations and case law are analysed so that the contemporary rules and principles in both jurisdictions are presented in light of the relevant background. Under US antitrust law, I will therefore start by analysing the Justice Department’s 1980 guide for R & D joint ventures, while the National Cooperative Research (and Production) Act thereafter is presented. Under EU competition law, the three R & D block exemptions will be presented, starting with the block exemption from 1985.