Integrating Innovation Concepts into the Merger Control Context

David Teece & Gönenç Gürkaynak July 22, 2025

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Abstract

• This article discusses that static models in merger control are insufficient in the sense that they are not able to address the unpredictable and non-linear nature of innovation.
• Competition authorities often accept speculative innovation theories of harm while dismissing innovation defenses.
• A more neutral starting point in treating innovation is required by a fact-intensive, case-by-case analysis that incorporates dynamic efficiencies, spillover effects, and the long-term benefits of innovation.
• Finally, this article calls for a paradigm shift, moving away from static tools to a multidisciplinary methodology that ensures merger control fosters innovation and supports long-term welfare.

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