Market Shares, R&D Agreements, and the EU Block Exemption

Posted: 28 Aug 2014

See all articles by Richard R. Ruble

Richard R. Ruble

EM Lyon (Ecole de Management de Lyon)

Bruno P. A. Versaevel

Emlyon Business School; GATE (Groupe d'Analyse et de Théorie Economique)

Date Written: March 2014

Abstract

Regulation (EC) No 1217/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of R&D agreements exempts horizontal R&D agreements from antitrust concerns when the combined market share of participants is low enough. We examine the theoretical basis for this criterion by extending existing models so that a subset of firms innovates and participates in an R&D cooperation agreement. We show that the incentive to increase innovation depends on a complex set of effects. We identify one, the outsider effect, that can lead firms to increase R&D under cooperation precisely when their combined market share is high. In a general model in which all firms innovate, we also find that R&D agreements can be more beneficial at higher market shares. We argue that existing theory therefore does not support limiting the exemption to low market shares.

Keywords: R&D, Cooperative R&D, Spillovers, Cooperation

JEL Classification: K210, L410, O080

Suggested Citation

Ruble, Richard R. and Versaevel, Bruno P. A., Market Shares, R&D Agreements, and the EU Block Exemption (March 2014). International Review of Law and Economics, Vol. 37, 2014, Available at SSRN: https://ssrn.com/abstract=2487789

Richard R. Ruble

EM Lyon (Ecole de Management de Lyon) ( email )

23 Ave Guy de Collongue
Ecully, 69134
France

Bruno P. A. Versaevel (Contact Author)

Emlyon Business School ( email )

23, avenue Guy de Collongue
Economics, Finance, Control
Ecully, 69130
France

GATE (Groupe d'Analyse et de Théorie Economique) ( email )

93, chemin des Mouilles
Ecully, 69130
France

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