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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).
Antitrust and Competition

How Will the FTC Evaluate Vertical Mergers?

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

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

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

Why the FTC Antitrust Case Against Facebook Was Dismissed

Herbert Hovenkamp
Many of the problems with the FTC complaint against Facebook that was dismissed in court last month appear to be fixable. However, given that...
Antitrust and Competition

Congress’ Antitrust War On China and American Consumers

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

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

Herbert Hovenkamp
There are good arguments for getting rid of baseball's long-standing exemption from antitrust laws, but the reason cited by Republican Senators angry at MLB’s...
Antitrust and Competition

Identifying the Market In the Facebook Antitrust Case

Herbert Hovenkamp
Facebook can be a monopolist over a cluster of noncompeting products that do not fit the standard economic definition of a “market.” The key...
Antitrust and Competition

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

Herbert Hovenkamp
Do the new iOS 14 privacy features violate antitrust laws? If Facebook brings an antitrust suit against Apple, as it is reportedly considering, there...
Antitrust and Competition

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

Herbert Hovenkamp
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 is easy,...
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ProMarket is dedicated to discussing how competition tends to be subverted by special interests. The posts represent the opinions of their writers, not necessarily those of the University of Chicago, the Booth School of Business, or its faculty. For more information, please visit ProMarket Policy.