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6 Sep 2024, 3:00 am by D Daniel Sokol
Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Abstract Populism has staked its claim in American antitrust policy. [read post]
27 Aug 2024, 3:00 am by D Daniel Sokol
Antitrust Market Definition: the Hypothetical Monopolist and Brown Shoe Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Abstract The purpose of antitrust law is to control monopoly. [read post]
19 Aug 2024, 8:55 am by Lawrence Solum
Herbert Hovenkamp (University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School) has posted Charting a Future for Progressive Antitrust on SSRN. [read post]
10 Aug 2024, 6:15 am by Lawrence Solum
The Legal Theory Bookworm recommends Tech Monopoly by Herbert Hovenkamp. [read post]
9 Jul 2024, 3:00 am by D Daniel Sokol
Mergers of Complements Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Abstract Mergers have always been divided into three categories: mergers of competitors (horizontal), mergers of actual or potential buyers and sellers (vertical),... [read post]
26 Jun 2024, 11:26 am by Asheesh Agarwal
As former antitrust enforcers and alumni of the Federal Trade Commission (FTC), we are pleased to submit these comments to the FTC and U.S. [read post]
5 Jun 2024, 8:55 am by Lawrence Solum
Herbert Hovenkamp (University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School) has posted Antitrust's Place in Regulation on SSRN. [read post]
31 May 2024, 5:26 am by Mihir Rai
EDITOR’S CHOICE In an essay in The Regulatory Review, Herbert Hovenkamp, the James G. [read post]
9 May 2024, 3:00 am by D Daniel Sokol
The 2023 Merger Guidelines: Law, Fact, and Method Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Abstract The final version of the 2023 Merger Guidelines, issued in December, 2023, is a vast improvement... [read post]
25 Apr 2024, 9:30 pm by The Regulatory Review
IN THE NEWS President Biden signed a bill into law that requires the Chinese company Bytedance to divest from TikTok within nine months. [read post]
17 Apr 2024, 9:01 am by Mario Zúñiga
These infirmities have been discussed at-length by, among others, Alden Abbott, Herbert Hovenkamp, and Randall Picker. [read post]
12 Mar 2024, 4:30 am by Lawrence Solum
Herbert Hovenkamp (University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School) has posted Mergers of Complements on SSRN. [read post]
5 Mar 2024, 4:57 am by Lazar Radic
As Herbert Hovenkamp recently pointed out in an interview for the Financial Times, this is not the sort of market that screams “anticompetitive harm,” even if some complementors, like Spotify, would like to get a better deal (because of course they would). [read post]
13 Feb 2024, 3:00 am by D Daniel Sokol
The 2023 Draft Merger Guidelines: A Review Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Abstract The 2023 draft Merger Guidelines shift the focus of enforcement away from price results and toward increasing... [read post]
25 Jan 2024, 9:04 pm by Sri Medicherla
In a forthcoming article, Herbert Hovenkamp, James G. [read post]
10 Jan 2024, 3:00 am by D Daniel Sokol
Brown Shoe Merger Policy and the Glorification of Waste Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Abstract In 1959 a district court held that a merger involving Brown and Kenney shoe manufacturers... [read post]
8 Jan 2024, 3:00 am by D Daniel Sokol
Structural Antitrust Relief Against Digital Platforms Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Abstract Structural (“breakup”) remedies for monopolization cases under §2 of the Sherman Act are uncommon. [read post]
2 Jan 2024, 3:00 am by D Daniel Sokol
Potential Competition Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Abstract “Potential competition” refers to the effects of sources of competition that have not yet emerged as actual competitors. [read post]
12 Dec 2023, 3:00 am by D Daniel Sokol
Antitrust and Self-Preferencing Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Abstract “Self-preferencing” refers to situations in which a firm favors, or “preferences” its own products over those of rivals. [read post]
30 Nov 2023, 9:05 pm by Josephine A. Phillips
EDITOR’S CHOICE In an essay in The Regulatory Review, Herbert Hovenkamp, a law professor at the University of Pennsylvania Carey Law School, argued that antitrust remedies must reflect the underlying goal of antitrust law—to make markets more competitive. [read post]