Max Planck Institute for Innovation and Competition
Newsletter #1

January 2019
Welcome to a new issue of our newsletter. We keep you updated about our research, events and publications of the Institute. The next issue will appear in April 2019. Have a happy and successful New Year!
Abusive Legal Warnings: What are the Benefits of the Draft Bill?

So far it seems the feared wave of warnings due to violations of the GDPR (in German DSGVO) has failed to take place. Nevertheless, especially small traders are increasingly complaining about abusive warnings, which are often based on the violation of a wide variety of information duties. The planned law to strengthen fair competition aims in the Act Against Unfair Competition (UWG) aims to remedy this situation. In a statement, scientists from the Max Planck Institute for Innovation and Competition are investigating whether the proposal of 11 September 2018 offers effective help. See Opinion (in German)
Artificial Intelligence: Prospects in the Global Competition (Source: BMWi

In a keynote speech at the German Digital Summit in Nuremberg in December 2018, Prof. Dietmar Harhoff, Ph.D., presented considerations on the development of artificial intelligence (AI). In particular, he discussed the prospects of Europe, Germany and Bavaria in global scientific competition and the creation of value and provided insights in AI research from the perspective of an innovation economist.
See News and Video
Trade Secrets: How much Protection does Company Know-How need? (Photo: Pixabay)
Customer lists, beverage recipes, Google's search algorithm: A company's know-how is one of its most important value factors. Trade secrets play an increasingly important role and are becoming more and more vulnerable due to modern communication technologies. The EU Directive 2016/943 of 2016 harmonises the protection of trade secrets throughout Europe, and its provisions are currently being implemented in German law. A research group led by Luc Desaunettes comments on the current draft bill.
See Position Paper (in German)
Laura Bechthold und Laura Rosendahl Huber at Women Entrepreneur Role Models Day at the German Federal Ministry for Economic Affairs and Energy in Berlin (Photo: BMWi/Andreas Mertens)

The research results of Laura Bechthold and Laura Rosendahl Huber (photo) show that role models play a key role for entrepreneurial thinking and behavior, especially in fostering female entrepreneurship. On the Day of Female Role Model Entrepreneurs at the German Federal Ministry for Economic Affairs and Energy in Berlin, the researchers explained how strongly exposure to female entrepreneurial role models influences the development of entrepreneurial self-efficacy, attitudes and intentions among female students. See News
Events (Photo: Pixabay)
Brown Bag Seminar
Effectiveness and Efficacy of R&D Subsidies: Estimating Treatment Effects with One-sided Noncompliance
Bettina Peters (ZEW)
01/16/2019, 12:00 – 1:30 p.m. at the Institute

Brown Bag Seminar
Heterogeneous Innovation and the Antifragile Economy
Benjamin Balsmeier (Université de Luxembourg)
01/30/2019, 12:00 – 1:30 p.m. at the Institute
Munich Summer Institute 2019
06/17/2019 – 06/19/2019, Bavarian Academy of Sciences and Humanities

Since 2016, the Munich Summer Institute (MSI) is jointly organized by the Center for Law & Economics at ETH Zurich, the Chair for Technology and Innovation Management (TIM) at TUM and the Institute for Strategy, Technology and Organization at LMU Munich. The goal of the MSI is to stimulate a rigorous in-depth discussion of a select number of research papers and to strengthen the interdisciplinary international research community in these areas. Researchers who would like to present a paper are invited to submit their paper online until 24 February 2019. Read more
Blockchain Regulation and Governance in Europe (Photo: Cambridge University Press)
Between hype and reality: Blockchains are regarded as a key technology for decentralised networks. But what rules apply to this form of data transfer? What role does European law play, such as the General Data Protection Regulation (GDPR)? Michèle Finck examines the legal basis for smart contracts, cryptoassets and other use cases and introduces blockchain governance.

Michèle Finck
Blockchain Regulation and Governance in Europe
Cambridge University Press, 2018, ISBN 9781108465458
In times in which the success of a company or new business models increasingly depend on the use and exploitation of personal data, the law must not be blind to the protection of data. But how do competition law, IP and consumer protection law deal with personal data? Where do synergies arise between the various areas of law and how can tensions be resolved? Answers are provided by the contributions of the conference proceedings edited by Mor Bakhoum, Beatriz Conde Gallego, Mark-Oliver Mackenrodt and Gintarė Surblytė-Namavičienė. They pursue a consciously holistic approach.

Mor Bakhoum, Beatriz Conde Gallego, Mark-Oliver Mackenrodt und Gintarė Surblytė-Namavičienė (Ed.)
Personal Data in Competition, Consumer Protection and Intellectual Property Law - Towards a Holistic Approach?
Part of the “MPI Studies on Intellectual Property and Competition Lawˮ book series
(MSIP, Vol. 28)
Springer, Berlin/Heidelberg, 2018, ISBN 978-3662576458
Personal Data in Competition, Consumer Protection and Intellectual Property Law - Towards a Holistic Approach? (Photo: Springer)
Michèle Finck, Valentina Moscon
Copyright Law on Blockchains: Between New Forms of Rights Administration and Digital Rights Management 2.0
Essay, International review of intellectual property and competition law 2018-8, IIC, Springer Berlin/Heidelberg, 2018, ISSN 0018-9855

Josef Drexl
Legal Challenges of the Changing Role of Personal and Non-Personal Data in the Data Economy
Max Planck Institute for Innovation & Competition Research Paper, No. 18-23

Carolina Banda
Enforcing Data Portability in the Context of EU Competition Law and the GDPR
MIPLC Master Thesis Series 2016/17, 2018
Michael Mödl
Two’s a Company, Three’s a Crowd: Contractual Deal Breakers in Securities-based Crowdfunding for Later-stage Venture Capital
Max Planck Institute for Innovation & Competition Research Paper No. 18-25

Michael Rose, Co-Pierre Georg
What 5,000 Acknowledgements Tell Us About Informal Collaboration in Financial Economics
Max Planck Institute for Innovation & Competition Discussion Paper No. 11, 2018

Dietmar Harhoff, Stefan Heumann, Nicola Jentzsch, Philippe Lorenz
Outline for a German Strategy for Artificial Intelligence
Stiftung Neue Verantwortung e.V., Berlin, 2018