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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]
25 Nov 2023, 6:41 am by Christopher J. Walker
Platt (Journal of Corporation Law forthcoming) The 2023 Draft Merger Guidelines: A Review by Herbert Hovenkamp “Recommend … Measures”: A Textualist Reformulation of the Major Questions Doctrine by Chad Squitieri (Baylor Law Review forthcoming) Radical Administrative Law by Christopher Havasy (Vanderbilt Law Review forthcoming) A Prescription for Progress? [read post]
20 Nov 2023, 3:00 am by D Daniel Sokol
Resetting Section 2 Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Abstract This short essay considers the most productive ways that United States antitrust law could improve its treatment of unilateral conduct by... [read post]
16 Nov 2023, 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]
3 Nov 2023, 3:00 am by D Daniel Sokol
Competition 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]
2 Nov 2023, 3:00 am by D Daniel Sokol
Antitrust's Goals in the Federal Courts Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Nearly all of this paper consists of statements from the Supreme Court and concerns how they define and identify... [read post]
12 Sep 2023, 3:00 am by D Daniel Sokol
The Power of Antitrust Personhood Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Abstract Antitrust law addresses conspiracy, or collaborative conduct, more harshly than it does unilateral conduct. [read post]
1 Sep 2023, 12:16 pm by Daniel J. Gilman
Herbert Hovenkamp–co-author with the late Phillip Areeda of the magisterial “Antitrust Law: An Analysis of Antitrust Principles and Their Application”–suggests that established merger enforcement underdeters competitive harm. [read post]
7 Aug 2023, 12:25 pm by Lawrence Solum
Herbert Hovenkamp (University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School) has posted Antitrust's Goals in the Federal Courts on SSRN. [read post]
5 Jul 2023, 3:00 am by D Daniel Sokol
Resetting Section 2 Herbert Hovenkamp University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School Abstract This short essay considers the most productive ways that United States antitrust law could improve its treatment of unilateral conduct by... [read post]
26 Jun 2023, 9:01 pm by renholding
Sixty years ago, the Supreme Court handed down its decision in United States v. [read post]