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.

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...

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The Aristocracy of Talent: Business Intelligence

In the following excerpt from his new book, The Aristocracy of Talent: How Meritocracy Made the Modern World, Adrian Wooldridge traces "how universities...

Why Privacy Experts Need a Place at the Antitrust Table

Antitrust enforcers have tended to stay narrowly “in their lane,” failing to engage with how data is collected and used by digital...

Assessing George Stigler’s Economic Theory of Regulation

Despite its flaws and limitations, Stigler’s seminal article on the theory of economic regulation remains an important piece of scholarship worthy of...

“Old Chicago” and Freiburg: Why Ordoliberalism Was No “German Oddity”

Both the Chicago and Freiburg schools faced systemic fragility as the crucial property of societal orders. It was this fragility that served...

The Many Faces of Stigler’s Theory of Economic Regulation: Interest Group Politics Still Thrives—But Industry Often Comes Second

Stigler treats industry groups as the heavyweights in regulatory contests. But surprisingly often groups of farmers and workers knock them for a...

Why the FTC Should Consider Size in Drug Mergers

Large pharmaceutical firms retain their dominance through size-related advantages in three areas: contracting, marketing and selling, and financing. When reviewing pharmaceutical mergers,...

In FTC vs. Facebook, the Government Lost the First Round. It Could Still Win the Fight.

Despite some compelling allegations, a federal judge dismissed the FTC's antitrust complaint against Facebook due to the agency’s failure to explain how...