Herbert Hovenkamp

Herbert Hovenkamp is the James G. Dinan University Professor, Penn Law and the Wharton School, University of Pennsylvania. He is a Fellow of the American Academy of Arts and Sciences, and in 2008 won the Justice Department’s John Sherman Award for lifetime contributions to antitrust law. His legal history writing includes The Opening of American Law: Neoclassical Legal Thought, 1870-1970 (Oxford, 2015); Enterprise and American Law, 1836-1937 (Harvard, 1991). His principal antitrust scholarship includes Antitrust Law (with the late Phillip E. Areeda and the late Donald F. Turner, 1978-2020). For an expanded version of the arguments offered here, see Antitrust and Platform Monopoly, 130 Yale L.J. (2020) (forthcoming), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3639142.

How Will the FTC Evaluate Vertical Mergers?

The Federal Trade Commission’s recent withdrawal of its 2020 vertical merger guidelines is flatly incorrect as a matter of microeconomic theory and...

The DOJ’s “New Madison” Doctrine Disregards Both the Economics and the Law of Innovation

DOJ’s “New Madison” approach to antitrust and intellectual property law dictates that antitrust should stay out of disputes over patents, even when...

Why the FTC Antitrust Case Against Facebook Was Dismissed

Many of the problems with the FTC complaint against Facebook that was dismissed in court last month appear to be fixable. However,...

Congress’ Antitrust War On China and American Consumers

The latest bills currently debated in Congress regarding Big Tech—the US Innovation and Competition Act that was passed by the Senate this...

Eliminating Baseball’s Antitrust Exemption Won’t End the Georgia Political Boycott

There are good arguments for getting rid of baseball's long-standing exemption from antitrust laws, but the reason cited by Republican Senators angry...

Identifying the Market In the Facebook Antitrust Case

Facebook can be a monopolist over a cluster of noncompeting products that do not fit the standard economic definition of a “market.”...

Big Tech’s Fight Over Privacy: Could Facebook Win an Antitrust Lawsuit Against Apple?

Do the new iOS 14 privacy features violate antitrust laws? If Facebook brings an antitrust suit against Apple, as it is reportedly...

The FTC’s Antitrust Case Against Facebook: Injunction, Divestiture, or Breakup?

While the FTC’s lawsuit against Facebook is unlikely to lead to a “breakup,” it could force Facebook to undo some mergers. Breaking things up...

Latest news

Cogs and Monsters: Is Economics Destined to Remain a Dismal Science?

In her bold new book Cogs and Monsters: What Economics Is, and What It Should Be, Cambridge professor Diane Coyle offers a...

Is there a “California Effect” in Data Privacy Law? Why the EU is Not the World’s Privacy Cop

It is common lore in data privacy law and other fields that stringent regulatory standards (such as the ones introduced in the...

Governments Were Forced to Restrict Civil Liberties to Deal With Covid-19. More Flexible Constitutions Could Prevent That From Becoming the New Normal

A new paper argues that exploitation of gaps within democratic constitutions during emergencies, such as the Covid-19 pandemic, has the potential to...

The Social Responsibility of Business Includes Profits

Profits these days are often seen as a dirty word, but it is wrong to demonize profits. A company’s responsibility is not...

Academic Gatekeepers, Real and Imagined, Are Threatening the Credibility of the Field of Political Finance 


One objective of political finance is to hold power to account. However, gatekeeping, both direct and indirect, is keeping important work from...

A Call for Comments: Have You Been Affected by Academic Gatekeeping?

On Friday, ProMarket published a piece by Renée Adams about the impact of academic gatekeeping in political finance. Do you have a...

How Big Data Fuels Big Tech’s Anticompetitive Conduct and Gatekeeping Power

Achieving a truly open internet is only possible through robust online competition free from the control of today’s digital gatekeepers like Facebook...