Herbert Hovenkamp
James G. Dinan University Professor, University of Pennsylvania Carey Law School and The Wharton School
Editorial boardSeries, Tech Monopoly9 publications since 2020Official page
Publications in the Network Law Review
Newest first- 26 March 2026
Fairness and Redistribution in Antitrust Law
Many parts of the legal system are devoted to promoting “fair” outcomes in the distribution of wealth or economic status. Antitrust law is not among them.
- 15 December 2025
The Enigmas of Monopoly Power
Market power can be assessed in antitrust cases by two methods often described as “alternatives”. For unilateral conduct, however, they are inconsistent.
- 14 July 2025
The U.S. Supreme Court and the Merger Efficiency “Defense”
Firms’ principal motives for merging are not to increase market power, but rather to improve firm outcomes through changes in internal operations or structure.
- 11 March 2025
Antitrust’s Forensic Tools
Most areas of law enforcement require investigative tools to provide evidence of violations and harm. Antitrust law’s single-minded focus on prices, output, and innovation explains its selection of economic tools.
- 18 October 2024
How IP Rights Create Competition in E-commerce
In the offline economy, IP was often seen as creating or protecting monopoly; in online commerce it frequently makes competition possible.
- 11 September 2024
Antitrust and Digital Refusals to Deal
Early in 2024 the United States Department of Justice accused Apple of monopolizing a market for “performance smartphones” by refusing to share features that have placed the iPhone in the performance category.
- 2 July 2024
Antimonopoly Antitrust Metrics
In his 1963 Philadelphia Bank merger opinion, Justice Brennan defended its approach as “fully consonant with economic theory.” “So complex an economic-legal problem as the substantiality of the effect of this merger” entailed…
- 4 April 2024
Antitrust Market Definition: the Hypothetical Monopolist and Brown Shoe
Aside from naked restraints such as price-fixing, antitrust offenses require proof of the defendant’s market power, or ability to profit by raising price above cost.
- 17 January 2020
On The Meaning of Antitrust’s Consumer Welfare Principle
The very first article is authored by Herbert Hovenkamp, James B. Dinan University Professor, University of Pennsylvania Law School and the Wharton School. It deals with “The Meaning Of Antitrust’s Consumer Welfare Principle”.