In our 2019 report “Open Innovation: Collaborate To Innovate” we shared our insights into the world of open collaboration, assisted by contributions from a wide range of our clients. In Issue 3 in our series of deep dive articles, we explore how competition rules support innovation.

Innovation is recognised as a ‘parameter of competition’ and so, as a basic principle, companies are encouraged to innovate in competition with other players in the market. This has become particularly relevant for innovation-driven industries – such as the pharmaceutical and digital sectors for example where research and development activities are an important driver of competition. However, some innovation related projects cannot be achieved by one company on its own and it may be necessary to collaborate to achieve certain objectives. Open innovation is therefore becoming increasingly important.

In these situations, it is essential that competition rules do not ‘get in the way’ or slow down these innovation-related objectives – instead, collaborations should be defined in compliance with competition rules. This article sets out some practical steps to consider in relation to competition issues, when embarking on open innovation projects. Read more.

Authors and key contacts

Susan Black

Susan Black
Partner, Competition, Regulation and Trade, London
+44 20 7466 2055

Clemence Barraud

Clemence Barraud
Associate Avocat au Barreau de Paris
+44 20 7466 7493

Joel Smith

Joel Smith
Partner, Head of Intellectual Property, London
+44 20 7466 2331