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Tech Monopoly

Essays by Herbert Hovenkamp on monopoly power, mergers and refusals to deal in technology markets. 6 essays since 11 September 2024.

The essays

Newest first
  1. No. 6
    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. The antitrust statutes authorize the courts to pursue practices that reduce output (“restrain trade”) or threaten monopoly…

    What is antitrust for?

  2. No. 5
    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. Courts insist on market shares well above 50%, which entails that only one firm can be a monopolist.

    What is antitrust for?

  3. No. 4
    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. Of the 17000+ mergers that occur annually in the U.S., 90% or more have no expectation of an anticompetitive price…

    Killers and keepers

  4. No. 3
    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.

    Antitrust, computed

  5. No. 2
    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.

  6. No. 1
    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.

    Guarding the gatekeepers