Herbert Hovenkamp

Nov 26, 2024 | nytimes.com | Herbert Hovenkamp

There's no question that Google dominates the world of internet search. But in attempting to open up this critical industry to more competition, the government is pursuing a cure worse than the disease. If the government is successful at breaking up Google, history tells us that consumers and many enterprises tied to our vast and flourishing internet may ultimately pay a price. Judge Amit P.

Nov 22, 2024 | promarket.org | Herbert Hovenkamp

Herbert Hovenkamp writes that the First Court’s recent ruling against American Airlines and JetBlue for coordinating operations in New York City and Boston exemplifies the correct application of antitrust’s rule of reason, which has troubled courts and plaintiffs and led to underenforcement for decades. Antitrust’s rule of reason is a mess. The problem is not how the rule is articulated but rather how it is applied.

Sep 16, 2024 | promarket.org | Herbert Hovenkamp

Herbert Hovenkamp applauds the Biden administration’s antitrust authorities for intervening in labor markets and more robustly challenging mergers between competitors. However, the next administration should clarify in its guidance that the objective of stronger antitrust enforcement must focus on lowering prices, increasing output, and removing any restraints on innovation.

Sep 11, 2024 | networklawreview.org | Thibault Schrepel |Herbert Hovenkamp

Welcome to “Tech Monopoly,” a series where University of Pennsylvania Carey Law School professor Herbert Hovenkamp engages with pressing issues in antitrust policy, with a focus on technology and problems of market dominance. Professor Hovenkamp gives particular attention to identifying markets and situations where antitrust can be beneficial, and the kinds of antitrust remedies that are most likely to succeed. The series is adjacent to his book Tech Monopoly (MIT Press, 2024).

Apr 2, 2024 | promarket.org | Herbert Hovenkamp

At the heart of the government’s lawsuit against Apple is if the tech company’s practices of tying and refusing to deal truly enhance the performance and security of the iPhone and its ancillary services. The complaint indicates that the outcome of the case will be determined by the consumer welfare standard, writes Herbert Hovenkamp. Also, read analysis on the Apple lawsuit from Randy Picker, Fiona Scott Morton, and Maurice Stucke.