Table 2. Open in new tab The USA –...

Stage

Research and Development Markets

(Technology) market

Products on the market

Product development process

A research and development market consists of the assets comprising research and development related to the identification of a commercializable product or directed to particular new or improved goods or processes, and the close substitutes for that research and development.
‘products that would result from that innovation if successful, even if those products do not yet exist.’

The ‘licensed technology’ and its close substitutes—that is, the technologies or goods that are close enough substitutes to constrain significantly the exercise of market power with respect to the intellectual property that is licensed.

The goods including the IP

Authority

IP licensing guidelines, paragraph 3.2.3, Illumina, Inc. v. FTC, and Merger Guidelines, section 4.3.D.7.

IP licensing guidelines, paragraph 3.2.2 and Broadcom Corp v Qualcomm Inc., 501 F.3d 297, 315 (3d Cir. 2007); Apple Inc v Samsung Elecs Co, No 11-CV-01846, 2012 U.S. Dist. LEXIS 67102, at *19–23 (N.D. Cal. May 14, 2012)

IP licensing guidelines, paragraph 3.2.1.2023 US Merger Guidelines

Table 2.

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The USA – pre-product stages/market

Stage	Research and Development Markets	(Technology) market	Products on the market
Product development process	A research and development market consists of the assets comprising research and development related to the identification of a commercializable product or directed to particular new or improved goods or processes, and the close substitutes for that research and development. ‘products that would result from that innovation if successful, even if those products do not yet exist.’	The ‘licensed technology’ and its close substitutes—that is, the technologies or goods that are close enough substitutes to constrain significantly the exercise of market power with respect to the intellectual property that is licensed.	The goods including the IP
Authority	IP licensing guidelines, paragraph 3.2.3, Illumina, Inc. v. FTC, and Merger Guidelines, section 4.3.D.7.	IP licensing guidelines, paragraph 3.2.2 and Broadcom Corp v Qualcomm Inc., 501 F.3d 297, 315 (3d Cir. 2007); Apple Inc v Samsung Elecs Co, No 11-CV-01846, 2012 U.S. Dist. LEXIS 67102, at *19–23 (N.D. Cal. May 14, 2012)	IP licensing guidelines, paragraph 3.2.1.2023 US Merger Guidelines

Stage	Research and Development Markets	(Technology) market	Products on the market
Product development process	A research and development market consists of the assets comprising research and development related to the identification of a commercializable product or directed to particular new or improved goods or processes, and the close substitutes for that research and development. ‘products that would result from that innovation if successful, even if those products do not yet exist.’	The ‘licensed technology’ and its close substitutes—that is, the technologies or goods that are close enough substitutes to constrain significantly the exercise of market power with respect to the intellectual property that is licensed.	The goods including the IP
Authority	IP licensing guidelines, paragraph 3.2.3, Illumina, Inc. v. FTC, and Merger Guidelines, section 4.3.D.7.	IP licensing guidelines, paragraph 3.2.2 and Broadcom Corp v Qualcomm Inc., 501 F.3d 297, 315 (3d Cir. 2007); Apple Inc v Samsung Elecs Co, No 11-CV-01846, 2012 U.S. Dist. LEXIS 67102, at *19–23 (N.D. Cal. May 14, 2012)	IP licensing guidelines, paragraph 3.2.1.2023 US Merger Guidelines

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