Herbert Hovenkamp • Faculty • Penn Carey Law

Herbert Hovenkamp • Faculty • Penn Carey Law
Faculty
Herbert Hovenkamp
Phone
2155736018
Email
hhovenka@law.upenn.edu
Office
S-150
Antitrust
Legal History
Torts, Restitution, and Insurance Law
Hovenkamp CV 2023.pdf
(PDF)
Herbert Hovenkamp
James G. Dinan University Professor
Herbert Hovenkamp is a Fellow of the American Academy of Arts and Sciences, and in 2008 won the Justice Department’s John Sherman Award for his lifetime contributions to antitrust law.
In 2012 he served on the ABA’s Committee to advise the President-elect on antitrust matters. His principal writing includes
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(Oxford, 2015);
Antitrust Law
(formerly with Phillip E. Areeda and Donald F. Turner) (22 vols., Aspen 2008-2021);
Principle of Antitrust
(West 2d ed. 2021);
Creation Without Restraint: Promoting Liberty and Rivalry in Innovation
(Oxford, 2012, with Bohannan);
The Making of Competition Policy
(Oxford, 2012, with Crane);
The Antitrust Enterprise: Principle and Execution
(Harvard, 2006);
Federal Antitrust Policy: The Law of Competition and Its Practice
(West, 5th ed. 2015);
IP and Antitrust
(2 vols., Aspen, 2017, with Janis, Lemley, Leslie, and Carrier); and
Enterprise and American Law, 1836-1937
(Harvard, 1991).
He has also co-authored casebooks in antitrust, property law, and a free open source casebook on innovation and competition policy. He has consulted on numerous antitrust cases for various government entities and private plaintiffs. He has two sons.
Featured Research
More Publications
The Slogans and Goals of Antitrust Law
, 25 N.Y.U. J. LEGIS. & PUB. POL’Y 705 (2023).
Resetting Section 2
, 11 J. ANTITRUST ENF’T 209 (2023).
Apple v. Pepper:
Rationalizing Antitrust’s Indirect Purchaser Rule
, 120 COLUM. L. REV. FOR. 14 (2020).
Antitrust and Platform Monopoly
, 130 YALE L. J. 1952 (2021).
Platforms and the Rule of Reason: The
American Express
Case
, 2019 COLUM. BUS. L. REV. 35 (2019).
Intellectual Property and Competition, in
RESEARCH HANDBOOK ON THE ECONOMICS OF INTELLECTUAL PROPERTY (Ben Depoorter, Peter Menell, & David Schwartz eds., Elgar 2019).
In the News
View All
Herbert Hovenkamp Discusses Google’s Market Power and Antitrust
April 15, 2026
Seven Penn Carey Law Professors Ranked Among Nation’s 100 Most Cited Legal Scholars
March 25, 2026
Herbert Hovenkamp Discusses How United States v. Philadelphia Nat’l Bank Explains Netflix-HBO Fallout
March 20, 2026
Coglianese, Hovenkamp, Robinson, and Simmons Among Top Ranked D-Index for Law Professors in 2025
January 5, 2026
Publications
Articles
Articles
Resale Price Maintenance: Consignment Agreements, Copyrighted or Patented Products and the First Sale Doctrine
Working Paper
Leegin, the Rule of Reason, and Vertical Agreement
Working Paper
Intra-Enterprise Activity, Joint Ventures and Sports Leagues: Identifying Unilateral Conduct Under the Antitrust Laws
Working Paper
Antitrust's Borderline
Nebraska Law Review
(forthcoming)
Quantification of Harm in Private Antitrust Actions in the United States
Working Paper
Tying Arrangements and Lawful Alternatives: Transaction Costs Considerations
Working Paper
Mergers, Market Dominance and the Lundbeck Case
Working Paper
Antitrust Law's Place in Regulation
Working Paper
Comparative Antitrust Federalism: Review of Cengiz, Antitrust Federalism in the EU and the US
Working Paper
Analyzing Horizontal Mergers: Unilateral Effects in Product-Differentiated Markets
Working Paper
Distributive Justice and Consumer Welfare in Antitrust
Working Paper
American Needle and the Boundaries of the Firm in Antitrust Law
Working Paper
Antitrust's Place in Regulation
Working Paper
The Structure of Merger Law
Notre Dame Law Review
(forthcoming)
The Progressives' Antitrust Toolbox
Working Paper
The 2023 Draft Merger Guidelines: A Review
Working Paper
The Insurance Industry's Antitrust Immunity
Working Paper
Antitrust's "Jurisdictional" Reach Abroad
Working Paper
A Preface to Neoclassical Legal Thought
Working Paper
Antitrust's Goals in the Federal Courts
Working Paper
Extraterritorial Criminal Jurisdiction under the Antitrust Laws
Working Paper
Merger Policy and the 2010 Merger Guidelines
Working Paper
Tying Noncompetitive Goods
Working Paper
The Marginalist Revolution in Corporate Finance: 1880-1965
Working Paper
Cartel Management Services
(Co-authored),
Harvard Business Law Review
(forthcoming)
Antitrust Law's Breakup Obsession
Working Paper
Mergers and Market Dominance
Working Paper
Antitrust and the Close Look: Transaction Cost Economics in Competition Policy
Working Paper
IP and Antitrust Policy: A Brief Historical Overview
Working Paper
Competition Policy and the Technologies of Information
Working Paper
Patent Deception in Standard Setting: The Case for Antitrust Policy
Working Paper
The Antitrust Standard for Unlawful Exclusionary Conduct
Working Paper
Antitrust and Patent Law Analysis of Pharmaceutical Reverse Payment Settlements
Working Paper
Antitrust: What Counts as Consumer Welfare?
Working Paper
Antitrust’s State Action Doctrine and the Ordinary Powers of Corporations
Working Paper
Quasi Exclusive Dealing
Working Paper
Comments of Economists and Lawyers on the Draft Merger Guidelines
(Co-authored),
Working Paper
Interest Groups in the Teaching of Legal History
Working Paper
Antitrust and the 'Filed Rate' Doctrine: Deregulation and State Action
Working Paper
Tying and the Rule of Reason: Understanding Leverage, Foreclosure, and Price Discrimination
Working Paper
Will Antitrust Become Progressive?
Working Paper
Rabban's Law's History
Working Paper
A Primer on Antitrust Damages
Working Paper
Institutional Advantage in Competition and Innovation Policy
Working Paper
The Walker Process Doctrine: Infringement Lawsuits as Antitrust Violations
Working Paper
United States Antitrust Policy in an Age of IP Expansion
Working Paper
Did "Consumer Welfare" Change Antitrust?
Boston University Law Review
(forthcoming)
The Harvard and Chicago Schools and the Dominant Firm
Working Paper
Competition in Information Technologies: Standards-Essential Patents, Non-Practicing Entities and FRAND Bidding
Working Paper
Patent Exclusions and Antitrust after Therasense
Working Paper
House Judiciary Inquiry into Competition in Digital Markets: Statement
Working Paper
Mergers of Complements
Working Paper
Does the Packers and Stockyards Act Require Antitrust Harm?
Working Paper
Resource Movement and the Legal System
Working Paper
Antitrust Presumptions for Digital Platforms
Working Paper
Vertical Restraints, Dealers with Power, and Antitrust Policy
Working Paper
Google Search and Antitrust's Remedial Goals
Boston University Law Review
(forthcoming)
The Classical American State and the Regulation of Morals
Working Paper
Fairness and Redistribution in Antitrust Law,
Network Law Review
(2026)
The Enigmas of Monopoly Power
Network Law Review
(2025)
Finding Monopoly: Antitrust Market Definition
CPI Antitrust Chronicle
(2025)
Antitrust and eMarkets
Stanford Law & Policy Review
(2025)
The U.S. Supreme Court and the Merger Efficiency “Defense”
Network Law Review
(2025)
Potential Competition
Antitrust Law Journal
(2025)
Antitrust's Forensic Tools
Network Law Review
(2025)
The Future of Antitrust Populism
Florida Law Review
(2025)
Gatekeeper Competition Policy
Michigan Technology Law Review
(2024)
How IP Rights Create Competition in E-commerce​
Network Law Review
(2024)
Antitrust and Digital Refusals to Deal
Network Law Review
(2024)
The 2023 Merger Guidelines: An Assessment
(Co-authored),
Antitrust Magazine
(2024)
Antimonopoly Antitrust Metrics
Network Law Review
(2024)
The Antitrust Text
Indiana Law Journal
(2024)
The 2023 Merger Guidelines: Law, Fact, and Method
Review of Industrial Organization
(2024)
Structural Antitrust Relief Against Digital Platforms
Journal of Law & Innovation
(2024)
Antitrust Market Definition: the Hypothetical Monopolist and Brown Shoe
Network Law Review
(2024)
Brown Shoe Merger Policy and the Glorification of Waste
Competition Policy International
(2023)
Antitrust and Self-Preferencing
Antitrust Magazine
(2023)
The Slogans and Goals of Antitrust Law
New York University Journal of Legislation and Public Policy
(2023)
The Power of Antitrust Personhood
University of Pennsylvania Journal of Business Law
(2023)
Resetting Section 2
Journal of Antitrust Enforcement
(2023)
Monopolizing Digital Commerce
William & Mary Law Review
(2023)
The Invention of Antitrust
Southern California Law Review
(2023)
Worker Welfare and Antitrust
University of Chicago Law Review
(2023)
Antitrust Interoperability Remedies
Columbia Law Review Forum
(2023)
Selling Antitrust
Hastings Law Journal
(2022)
President Biden's Executive Order on Promoting Competition: an Antitrust Analysis
Arizona Law Review
(2022)
Antitrust Liability for False Advertising: A Response to Carrier & Tushnet
(Co-authored),
Iowa Law Review Online
(2022)
Digital Cluster Markets
Columbia Business Law Review
(2022)
Antitrust Error Costs
University of Pennsylvania Journal of Business Law
(2022)
A Miser’s Rule of Reason: Student Athlete Compensation and the Alston Antitrust Case
New York University Annual Survey of American Law
(2022)
Addressing the Divisions in Antitrust Policy
Concurrences Review
(2021)
Competitive Harm from Vertical Mergers
Review of Industrial Organization
(2021)
Vertical Control
New York University Law Review
(2021)
The Looming Crisis in Antitrust Economics
Boston University Law Review
(2021)
Antitrust and Platform Monopoly
Yale Law Journal
(2020)
Antitrust Harm and Causation
Washington University Law Review
(2020)
New Perspectives in Regulatory History
(Co-authored),
Business History Review
(2020)
On the Meaning of Antitrust's Consumer Welfare Principle
Network Law Review
(2020)
Framing the Chicago School of Antitrust Analysis
(Co-authored),
University of Pennsylvania Law Review
(2020)
FRAND and Antitrust
Cornell Law Review
(2020)
Regulation and the Marginalist Revolution
Florida Law Review
(2019)
Apple v. Pepper: Rationalizing Antitrust’s Indirect Purchaser Rule
Columbia Law Review Forum
(2019)
Competition Policy for Labour Markets
Roundtable on Competition Issues in Labour Markets
(2019)
Is Antitrust's Consumer Welfare Principle Imperiled?
Journal of Corporation Law
(2019)
Platforms and the Rule of Reason: The American Express Case
Columbia Business Law Review
(2019)
Anticompetitive Mergers in Labor Markets
Indiana Law Journal
(2019)
Prophylactic Merger Policy
Hastings Law Journal
(2018)
Whatever Did Happen to the Antitrust Movement?
Notre Dame Law Review
(2018)
Horizontal Mergers, Market Structure, and Burdens of Proof
(Co-authored),
Yale Law Journal
(2018)
Progressive Antitrust
University of Illinois Law Review
(2018)
Horizontal Shareholding and Antitrust Policy
(Co-authored),
Yale Law Journal
(2018)
Antitrust and the Design of Production
Cornell Law Review
(2018)
The Rule of Reason
Florida Law Review
(2018)
Reasonable Patent Exhaustion
Yale Journal on Regulation
(2018)
The Progressives: Racism and Public Law
Arizona Law Review
(2017)
Antitrust Policy and Inequality of Wealth
CPI Antitrust Chronicle
(2017)
The NCAA and the Rule of Reason
Review of Industrial Organization
(2017)
Appraising the Progressive State
Iowa Law Review
(2017)
Appraising Merger Efficiencies
George Mason Law Review
(2017)
Buying Monopoly: Antitrust Limits on Damages for Externally Acquired Patents
(Co-authored),
Texas Intellectual Property Law Journal
(2017)
Roger Blair and the Goals of Antitrust
Antitrust Bulletin
(2016)
Book Review: Defending A Mixed Economy
New Rambler
(2016)
Antitrust Balancing
New York University Journal of Law & Business
(2016)
Patent Exhaustion and Federalism: A Historical Note
Virginia Law Review Online
(2016)
Antitrust and Information Technologies
Florida Law Review
(2016)
The Emergence of Classical American Patent Law
Arizona Law Review
(2016)
Re-Imagining Antitrust: The Revisionist Work of Richard S. Markovits
Texas Law Review
(2016)
The Progressives: Economics, Science, and Race
New Rambler
(2015)
Rediscovering Capture: Antitrust Federalism and the North Carolina Dental Case
CPI Antitrust Chronicle
(2015)
The Actavis Inference: Theory and Practice
(Co-authored),
Rutgers Law Review
(2015)
The Areeda–Turner Test for Exclusionary Pricing: A Critical Journal
Review of Industrial Organization
(2015)
The Rule of Reason and the Scope of the Patent
San Diego Law Review
(2015)
Inventing the Classical Constitution
Iowa Law Review
(2015)
Progressive Legal Thought
Washington & Lee Law Review
(2015)
Fractured Markets and Legal Institutions
Iowa Law Review
(2015)
Antitrust and the Patent System: A Reexamination
Ohio State Law Journal
(2015)
Brulotte's Web
Journal of Competition Law & Economics
(2015)
Teece's Competing Through Innovation
European Competition Law Review
(2014)
Actavis and Error Costs: A Reply to Critics
(Co-authored),
The Antitrust Source
(2014)
Implementing Antitrust's Welfare Goals
Fordham Law Review
(2014)
Robert Bork and Vertical Integration: Leverage, Foreclosure, and Efficiency
Antitrust Law Journal
(2014)
Consumer Welfare in Competition and Intellectual Property Law
Competition Policy International
(2014)
Competition for Innovation
Columbia Business Law Review
(2013)
Anticompetitive Patent Settlements and the Supreme Court's Actavis Decision
Minnesota Journal of Law Science & Technology
(2013)
Activating Actavis
Antitrust Magazine
(2013)
Antitrust and Nonexcluding Ties
Competition Policy International
(2012)
Antitrust and the Costs of Movement
Antitrust Bulletin
(2012)
Innovation and Competition Policy: Statutory Supplement and Other Materials
Working Paper
(2012)
Antitrust and the Movement of Technology
George Mason Law Review
(2012)
Markets in Merger Analysis
Antitrust Bulletin
(2012)
Markets in IP and Antitrust
Georgetown Law Journal
(2011)
Mergers with Dominant Firms: the Lundbeck Case
CPI Antitrust Chronicle
(2011)
Harm to Competition Under the 2010 Horizontal Merger Guidelines
Review of Industrial Organization
(2011)
The Firm as Cartel Manager
(Co-authored),
Vanderbilt Law Review
(2011)
Post-Sale Restraints and Competitive Harm: The First Sale Doctrine in Perspective
New York University Annual Survey of American Law
(2011)
Antitrust and Innovation: Where We Are and Where We Should Be Going
Antitrust Law Journal
(2011)
Coase, Institutionalism, and the Origins of Law and Economics
Indiana Law Journal
(2011)
Notice and Patent Remedies
Texas Law Review See Also
(2011)
Concerted Refusals to License Intellectual Property Rights
(Co-authored),
Harvard Business Law Review Online
(2011)
Coasean Markets
European Journal of Law and Economics
(2010)
American Needle: The Sherman Act, Conspiracy, and Exclusion
CPI Antitrust Journal
(2010)
The FTC's Anticompetitive Pricing Case Against Intel
Competition Policy International
(2010)
The Pleading Problem in Antitrust Cases and Beyond
Iowa Law Review Bulletin
(2010)
The Obama Administration and Section Two of the Sherman Act
Boston University Law Review
(2010)
The Law of Vertical Integration and the Business Firm: 1880-1960
Iowa Law Review
(2010)
IP and Antitrust: Reformation and Harm
(Co-authored),
Boston College Law Review
(2010)
Tying Arrangements and Antitrust Harm
(Co-authored),
Arizona Law Review
(2010)
The Federal Trade Commission and the Sherman Act
Florida Law Review
(2010)
Harvard, Chicago and Transaction Cost Economics in Antitrust Analysis
Antitrust Bulletin
(2010)
The 1968 Neal Report: An Introduction and Reprint
Competition Policy International
(2009)
Complex Bundled Discounts and Antitrust Policy
(Co-authored),
Buffalo Law Review
(2009)
Patents, Property, and Competition Policy
Journal of Corporation Law
(2009)
The Viability of Antitrust Price Squeeze Claims
(Co-authored),
Arizona Law Review
(2009)
Neoclassicism and the Separation of Ownership and Control
Virginia Law & Business Review
(2009)
United States Competition Policy in Crisis: 1890-1955
Minnesota Law Review
(2009)
The Coase Theorem and Arthur Cecil Pigou
Arizona Law Review
(2008)
Schumpeterian Competition and Antitrust
Competition Policy International
(2008)
Unilateral Refusals to License in the U.S.
(Co-authored),
Journal of Competition Law & Economics
(2008)
The Intellectual Property-Antitrust Interface
Issues in Competition Law
(2008)
Innovation and the Domain of Competition Policy
Alabama Law Review
(2008)
Exclusionary Bundled Discounts and the Antitrust Modernization Commission
(Co-authored),
Antitrust Bulletin
(2008)
Standards Ownership and Competition Policy
Boston College Law Review
(2007)
Restraints on Innovation
Cardozo Law Review
(2007)
Discounts and Exclusions
Utah Law Review
(2006)
Federalism and Antitrust Reform
University of San Francisco Law Review
(2006)
The Law of Exclusionary Pricing
Competition Policy International
(2006)
The Antitrust Enterprise: Principle and Execution: An Introduction
Journal of Corporation Law
(2006)
Law and Economics in the United States: A Brief Historical Survey
Cambridge Journal of Economics
(2005)
Exclusion and the Sherman Act
University of Chicago Law Review
(2005)
Sensible Antitrust Rules for Pharmaceutical Competition
University of San Francisco Law Review
(2004)
Antitrust and the Regulatory Enterprise
Columbia Business Law Review
(2004)
Balancing Ease and Accuracy in Assessing Pharmaceutical Exclusion Payments
(Co-authored),
Minnesota Law Review
(2004)
Antitrust as Extraterritorial Regulatory Policy
Antitrust Bulletin
(2003)
The Rationalization of Antitrust
Harvard Law Review
(2003)
Anticompetitive Settlement of Intellectual Property Disputes
(Co-authored),
Minnesota Law Review
(2003)
Antitrust Violations in Securities Markets
(Co-authored),
Journal of Corporation Law
(2003)
IP Ties and Microsoft's Rule of Reason
Antitrust Bulletin
(2002)
Bargaining in Coasian Markets: Servitudes and Alternative Land-Use Controls
Journal of Corporation Law
(2002)
Post-Chicago Antitrust: A Review and Critique
Columbia Business Law Review
(2001)
Knowledge About Welfare: Legal Realism and the Separation of Law and Economics
Minnesota Law Review
(2000)
The Robinson-Patman Act: Unfinished Business
Antitrust Law Journal
(2000)
Competitor Collaboration after California Dental
University of Chicago Legal Forum
(2000)
The Monopolization Offense
Ohio State Law Journal
(2000)
The Takings Clause and Improvident Regulatory Bargains
Yale Law Journal
(1999)
Intellectual Property Rights and Antitrust Policy: Introduction
Journal of Corporation Law
(1999)
Law and Morals in Classical Legal Thought
Iowa Law Review
(1997)
The Areeda-Turner Treatise in Antitrust Analysis
Antitrust Bulletin
(1996)
Judicial Restraint and Constitutional Federalism: The Supreme Court's Lopez and Seminole Tribe Decisions
Columbia Law Review
(1996)
The Mind and Heart of Progressive Legal Thought
Iowa Law Review
(1995)
Exclusive Joint Ventures and Antitrust Policy
Columbia Business Law Review
(1995)
The Limits of Preference-Based Legal Policy
Northwestern University Law Review
(1994)
The Marginalist Revolution in Legal Thought
Vanderbilt Law Review
(1993)
Market Efficiency and the Domain of the Firm
Journal of Corporation Law
(1993)
Antitrust Policy and the Social Cost of Monopoly
Iowa Law Review
(1993)
Market Power in Aftermarkets: Antitrust Policy and the Kodak Case
UCLA Law Review
(1993)
Rationality in Law & Economics
George Washington Law Review
(1992)
Mergers and Buyers
Virginia Law Review
(1991)
Legal Policy and the Endowment Effect
Journal of Legal Studies
(1991)
Arrow's Theorem: Ordinalism and Republican Government
Iowa Law Review
(1990)
The First Great Law & Economics Movement
Stanford Law Review
(1990)
Legislation, Well-Being, and Public Choice
University of Chicago Law Review
(1990)
Antitrust Policy, Federalism, and the Theory of the Firm: an Historical Perspective
Antitrust Bulletin
(1990)
Marginal Utility and the Coase Theorem
Cornell Law Review
(1990)
The Indirect Purchaser Rule and Cost-Plus Sales
Harvard Law Review
(1990)
Positivism in Law & Economics
California Law Review
(1990)
The Sherman Act and the Classical Theory of Competition
Iowa Law Review
(1989)
The Antitrust Movement and the Rise of Industrial Organization
Texas Law Review
(1989)
Antitrust's Protected Classes
Michigan Law Review
(1989)
Treble Damages Reform
Antitrust Bulletin
(1988)
The Political Economy of Substantive Due Process
Stanford Law Review
(1988)
Derek Bok and the Merger of Law and Economics
University of Michigan Journal of Law Reform
(1988)
Labor Conspiracies in American Law, 1880-1930
Texas Law Review
(1988)
Regulatory Conflict in the Gilded Age: Federalism and the Railroad Problem
Yale Law Journal
(1988)
The Classical Corporation in American Legal Thought
Georgetown Law Journal
(1988)
Chicago and its Alternatives
Duke Law Journal
(1987)
Fact, Value and Theory in Antitrust Adjudication
Duke Law Journal
(1987)
Antitrust Policy, Restricted Distribution, and the Market for Exclusionary Rights
Minnesota Law Review
(1987)
Treble Damages and Antitrust Deterrence: A Dialogue
(Co-authored),
Antitrust Law and Economics Review
(1986)
Rhetoric and Skepticism in Antitrust Argument
Michigan Law Review
(1986)
Antitrust Policy After Chicago
Michigan Law Review
(1985)
Evolutionary Models in Jurisprudence
Texas Law Review
(1985)
Municipal Regulation and Federal Antitrust Policy
(Co-authored),
UCLA Law Review
(1985)
Social Science and Segregation Before Brown
Duke Law Journal
(1985)
Merger Actions for Damages
Hastings Law Journal
(1984)
Vertical Integration by the Newspaper Monopolist
Iowa Law Review
(1984)
Vertical Restrictions and Monopoly Power
Boston University Law Review
(1984)
Technology, Politics and Regulated Monopoly: An American Historical Perspective
Texas Law Review
(1984)
Predatory Pricing and the Ninth Circuit
(Co-authored),
Arizona State Law Journal
(1983)
Tying Arrangements and Class Actions
Vanderbilt Law Review
(1983)
Judicial Reconstruction of the Robinson-Patman Act: Predatory Differential Pricing
U.C. Davis Law Review
(1983)
The Economics of Legal History
Minnesota Law Review
(1983)
Market Power and Secondary-Line Differential Pricing
Georgetown Law Journal
(1983)
State Antitrust in the Federal Scheme
Indiana Law Journal
(1983)
Sovereign Immunities Act Jurisdiction and Antitrust Policy
U.C. Davis Law Review
(1982)
Pragmatic Realism and Proximate Cause in America
Journal of Legal History
(1982)
Personal Jurisdiction and Venue in Private Antitrust Actions in the Federal Courts: A
Policy Analysis
Iowa Law Review
(1982)
Federalism Revised
Hastings Law Journal
(1982)
Distributive Justice and the Antitrust Laws
George Washington Law Review
(1982)
Insanity and Criminal Responsibility in Progressive America
North Dakota Law Review
(1981)
Tying Arrangements in the Real Estate Market: Federal Antitrust and Local Land Development Policy
Hastings Law Journal
(1981)
Can a Foreign Sovereign Be an Antitrust Defendant?
Syracuse Law Review
(1981)
Show 12 more...
View all 261
Books
Books
Principles of Antitrust, 3rd Edition
, West Academic (2025)
Antitrust Law, Policy, and Procedure: Cases, Materials, Problems, 9th Edition
(Co-authored), Carolina Academic Press (2024)
Fundamentals of Antitrust Law, 4th Edition
(Co-authored), Wolters Kluwer (2024)
Federal Antitrust Policy: The Law of Competition and Its Practice, 7th Edition
, West Academic (2024)
Antitrust Law: An Analysis of Antitrust Principles and Their Application, 5th Edition 2023 Supplement
(Co-authored), Wolters Kluwer (2023)
IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition 2023 supplement
(Co-authored), Wolters Kluwer (2023)
Antitrust Law: An Analysis of Antitrust Principles and Their Application, 5th Edition
(Co-authored), Wolters Kluwer (2022)
Coase and Institutionalism: Origins of the Discipline of Law and Economics
, European Federation for Intercultural Learning (2021)
Principles of Antitrust, 2nd Edition
, West Academic (2021)
Federal Antitrust Policy: The Law of Competition and its Practice, 6th Edition
, West Academic (2020)
Antitrust Law, Policy and Procedure, 8th Edition
(Co-authored), Carolina Academic Press (2019)
Cases and Materials on American Property Law, 7th Edition
(Co-authored), West Academic (2019)
American Property Law, 7th Edition
(Co-authored), West Publishing (2019)
The Law of Property: An Introductory Survey, 7th Edition
(Co-authored), West Academic (2018)
Federal Antitrust Policy: The Law of Competition and its Practice, 5th Edition
, West Academic (2016)
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
, Oxford University Press (2015)
Antitrust Law, Policy and Procedure, 7th Edition
(Co-authored), Lexis (2014)
Innovation and Competition Policy: Cases and Materials, 2nd Edition
, Self Published (2013)
The Making of Competition Policy: Legal and Economic Sources
(Co-authored), Oxford University Press (2013)
American Property Law, 6th Edition
(Co-authored), West Publishing (2012)
Creation without Restraint
(Co-authored), Oxford University Press (2012)
Federal Antitrust Policy: The Law of Competition and its Practice, 4th Edition
, West Academic (2011)
IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law
(Co-authored), Wolters Kluwer (2009)
Antitrust Law, Policy and Procedure, 6th Edition
(Co-authored), Lexis (2009)
American Property Law, 5th Edition
(Co-authored), West Publishing (2007)
The Antitrust Enterprise: Principle and Execution
, Harvard University Press (2006)
Federal Antitrust Policy: The Law of Competition and its Practice, 3rd Edition
, West Academic (2005)
Fundamentals of Antitrust Law, 3rd Edition
(Co-authored), Wolters Kluwer (2005)
Antitrust Law, Policy and Procedure, 5th Edition
(Co-authored), Lexis (2003)
Fundamentals of Antitrust Law, 2nd Edition
(Co-authored), Wolters Kluwer (2003)
American Property Law, 4th Edition
(Co-authored), West Publishing (2003)
Fundamentals of Antitrust Law, 1st Edition
, Wolters Kluwer (2002)
Federal Antitrust Policy: The Law of Competition and its Practice, 2nd Edition
, West Academic (1999)
Antitrust Law, Policy and Procedure, 4th Edition
(Co-authored), Lexis (1999)
American Property Law, 3rd Edition
(Co-authored), West Publishing (1999)
Antitrust Law, Policy and Procedure, 3rd Edition
(Co-authored), Lexis (1994)
Federal Antitrust Policy: The Law of Competition and its Practice, 1st Edition
, West Academic (1994)
American Property Law, 2nd Edition
(Co-authored), West Publishing (1993)
Enterprise and American Law: 1836-1937
, Harvard University Press (1991)
Antitrust Law, Policy and Procedure, 2nd Edition
(Co-authored), Lexis (1989)
American Property Law, 1st Edition
(Co-authored), West Publishing (1987)
Economics and Federal Antitrust Law
, West Publishing (1985)
Antitrust Law, Policy and Procedure, 1st Edition
(Co-authored), Lexis (1984)
Science and Religion in America: 1800-1860
, University of Pennsylvania Press (1978)
Show 12 more...
View all 44
Chapters
Chapters
Introduction to Competition Law Dictionary
in
Competition Law Dictionary
(2024)
Patent Pools and Related Technology Sharing
(Co-authored) in
The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech
(2017)
Preface
in
The Cambridge Handbook of Technical Standardization Law : Competition, Antitrust, and Patents
(2017)
Coase, Ronald Harry
in
Encyclopedia of Law and Economics
(2016)
Tying Arrangements
in
The Oxford Handbook of International Antitrust Economics, Volume 2
(2015)
Epilogue: The New Deal at Bay
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
The Regulatory State and Federalism
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
The Revolution in Corporate Finance
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
Natural Selection, Deterrence, and Mental Defect
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
Social Value, Taxation, and Public Finance
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
The Science and Law of Race
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
Recasting the Common Law: The Management of Risk and Relationship
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
From Institutionalism to Legal Realism
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
Scarcity, Biology, and the Rational Actor
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
Structuralism in Competition Policy
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
The Separation of Ownership and Control
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
Distribution and Vertical Control
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
The Waning of Classical Labor Policy
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
The Twisted Path to Innovation Policy
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
Economics and Law in the Progressive Era
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
Introduction
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
The Substantive Due Process Triumvirate: Health, Safety, and Morals
in
The Opening of American Law: Neoclassical Legal Thought, 1870-1970
(2014)
The Innovation Commons
in
Innovation and Competition Policy: Cases and Materials
(2013)
Innovation, IP Rights, and Anticompetitive Exclusion
in
Innovation and Competition Policy: Cases and Materials
(2013)
Secondary-Line Differential Pricing and the Robinson-Patman Act
(Co-authored) in
Antitrust Law, Policy and Procedure: Cases, Materials, Problems,7th Edition
(2013)
Competition Policy and the Patent System
in
Innovation and Competition Policy: Cases and Materials
(2013)
Post-Sale and Related Distribution Restraints Involving IP Rights
in
Innovation and Competition Policy: Cases and Materials
(2013)
Harm to Competition or Innovation
in
Innovation and Competition Policy: Cases and Materials
(2013)
Competition Policy and the Scope of Intellectual Property Protection
in
Innovation and Competition Policy: Cases and Materials
(2013)
Intellectual Property Misuse
in
Innovation and Competition Policy: Cases and Materials
(2013)
Restraints on Innovation
in
Innovation and Competition Policy: Cases and Materials
(2013)
Complementary Products and Processes - The Law of Tying
in
Innovation and Competition Policy: Cases and Materials
(2013)
Imperfect, Monopolistic, and Workable Competition
in
The Making of Competition Policy: Legal and Economic Sources
(2013)
Antitrust After Populism
in
The Making of Competition Policy: Legal and Economic Sources
(2013)
Introduction
(Co-authored) in
The Making of Competition Policy: Legal and Economic Sources
(2013)
Competition and Innovation
in
The Making of Competition Policy: Legal and Economic Sources
(2013)
The Chicago School
in
The Making of Competition Policy: Legal and Economic Sources
(2013)
Classicism, Neoclassicism, and the Sherman Act
in
The Making of Competition Policy: Legal and Economic Sources
(2013)
Classical Theories
in
The Making of Competition Policy: Legal and Economic Sources
(2013)
Competition and Innovation in Copyright and the DMCA
in
Innovation and Competition Policy: Cases and Materials
(2012)
Antitrust and the Close Look: Transaction Cost Economics in Competition Policy
in
The Global Limits of Competition Law
(2012)
A Theory of Copyright Harm
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
Introduction to Creation Without Restraint: Promoting Liberty and Rivalry in Innovation
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
Misuse
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
The Innovation Commons
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
Competition Policy in IP-Intensive Markets
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
Restraints on Innovation
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
Innovation, Competition, and the Patent System
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
Post-Sale Restraints
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
Innovation and Exclusion
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
Complementary and Network Relationships
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
The Importance of Harm
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
Reclaiming Copyright: Constitutional Review and Statutory Interpretation
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
Increasing the Social Value of Patents
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
Epilogue to Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(Co-authored) in
Creation without Restraint: Promoting Liberty and Rivalry in Innovation
(2012)
The Legal Periphery of Dominant Firm Conduct
in
Competition Law and Economics: Advances in Competition Policy Enforcement in the EU and North America
(2010)
The Harvard and Chicago Schools and the Dominant Firm
in
How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust
(2008)
Responsibility, Freedom and Social Justice
(Co-authored) in
Fairness, Responsibility, and Welfare
(2008)
Signposts of Anticompetitive Exclusion: Restraints on Innovation and Economies of Scale
in
Annual Proceedings of the Fordham Competition Law Institute: International Antitrust Law & Policy
(2006)
Unilateral Refusals to License in the US
(Co-authored) in
Antitrust, Patents and Copyright: EU and US Perspectives
(2005)
United States Antitrust Policy in an Age of IP Expansion
in
Annual Proceedings of the Fordham Competition Law Institute: International Antitrust Law & Policy
(2004)
The Reckoning of Post-Chicago Antitrust
in
Post-Chicago Developments in Antitrust Law
(2003)
Economic Experts in Antitrust Cases
in
Modern Scientific Evidence: The Law and Science of Expert Testimony
(2002)
Private Property and the State
in
The Fundamental Interrelationships Between Government and Property
(1999)
Antitrust Remedies for Intellectual Property Bottlenecks
in
European Competition Law Annual 1998: Regulating Communications Markets
(1999)
United States Antitrust Law: Implementation of its Varied Goals
in
European Competition Law Annual 1997: Objectives of Competition Policy
(1998)
Antitrust Analysis of Market Power, With Some Thoughts About Regulated Industries
in
Telecommunications Deregulation: Market Power and Cost Allocation Issues
(1990)
The Measurement of Market Power: Policy and Science
in
The Law and Economics of Competition Policy
(1990)
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Other
Other
Interview,
How a Piece of Philly History Thwarted Netflix
, The Philadelphia Citizen (2026)
Podcast,
Episode One: Herb Hovenkamp
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Interview,
Antitrust Remedies After Google
, The Regulatory Review (2025)
Panel,
Current and Emerging Issues in Technology, Intellectual Property, and Entertainment & Media Law
, CTIC (2025)
Panel,
DOJ v. Google: The Remedies Decision and the Future of Search
, TechPolicy (2025)
Podcast,
Google Antitrust Ruling, Market Competition, and the Future of Search
, This Week in Business (2025)
Online Article,
Reframing the E-Commerce Antitrust Debate
, Knowledge at Wharton (2025)
Online Article,
What Do the Epic Games’ Lawsuits Against Apple and Google Say About the DOJ’s Apple Case?
, ProMarket (2025)
Feature,
How to Enforce a Meaningful Populist Antitrust Policy
, Knowledge at Wharton (2025)
Online Article,
Trump Antitrust Officials Should Stay Focused on Labor Harms
, The Regulatory Review (2025)
Lecture,
Tech Monopolies (And Remedies)
, Amsterdam Law & Technology INstitute (2025)
Online Article,
Google Ad Tech Delivered and Important Victory for the Government Using a Flawed Tying Rule
, ProMarket (2025)
Brief,
Brief of Professors Daniel A. Crane and Herbert Hovenkamp as Amici Curiae in Support of Petitioners (Duke Energy Carolinas, LLC; SCOTUS 24-917)
, Supreme Court of the United States (2025)
Panel,
U.S. Antitrust Law Under the New Administration
, Digital Markets Research Hub (2025)
Panel,
Last Word: Insights and Reflections
, International Center for Law and Economics (2025)
Panel,
The Consumer Welfare Standard and the Antitrust Process
, International Center for Law and Economics (2025)
Podcast,
Herbert Hovenkamp on the State of Antitrust Law
, Tech Policy Podcast (2024)
Op-Ed,
Breaking Up Google Would Be a Big Mistake
, New York Times Opinion (2024)
Online Article,
The Ruling Against American Airlines-JetBlue Provides a Chance To Reform Antitrust’s Rule of Reason
, ProMarket (2024)
Online Article,
Antitrust Policy After Biden
, ProMarket (2024)
Podcast,
Google’s Antitrust Defeat: How It Reshapes the Future for Consumers & Businesses Loyal to Google Search
, Wharton Business Daily (2024)
Keynote Address,
The Structure of U.S. Merger Law
, Mannheim Centre for Competition and Innovation (2024)
Online Article,
Consumer Welfare Will Determine the Outcome of the Apple Lawsuit
, ProMarket (2024)
Online Article,
The Antitrust Agencies’ Focus on Monopolization Claims Against Big Tech Dilutes the Meaning of Monopoly
, ProMarket (2024)
Podcast,
Why We Should Avoid the Effort to “Break Up” Big Tech
, Wharton Business Daily (2024)
Online Article,
The Surprising Culprit Behind Declining US Antitrust Enforcement
, ProMarket (2024)
Lecture,
Structural Antitrust Relief Against Digital Platforms
, Penn Carey Law (2024)
Interview,
What Big Tech antitrust gets wrong
, Financial Times (2024)
Online Article,
What Antitrust Experts Want You to Know About the Amazon Trial
, ProMarket (2023)
Panel,
Assessing the FTC's COmplaint Against Amazon
, Information Technology & Innovation Foundation (2023)
Online Article,
Fixing Platform Monopoly in the Google Search Case
, ProMarket (2023)
Panel,
On Mergers and Workers: Labor Market Aspects of the Proposed U.S. Merger Guidelines
, Penn Program on Regulation (2023)
Video,
Debating the Draft Merger Guidelines
, Stigler Center (2023)
Online Article,
Distinguishing Harms from Benefits in the 2023 Merger Guidelines
, ProMarket (2023)
Online Article,
Competitive Harm and the 2023 Draft Merger Guidelines
, ProMarket (2023)
Online Article,
Did the Supreme Court Fix "Brown Shoe"?
, ProMarket (2023)
Online Article,
The Life of Antitrust's Consumer Welfare Model
, ProMarket (2023)
Online Article,
Reclaiming the Antitrust Law of Potential Competition Mergers
, ProMarket (2023)
Video,
Big Tech, Competition, & Innovation in the Digital Economy
, Weizenbaum Institut (2023)
Online Article,
Noncompete Agreements and Antitrust’s Rule of Reason
, The Regulatory Review (2023)
Feature,
The Trends and Cases That Will Define US Antitrust in 2024
, ProMarket (2023)
Online Article,
Can the Robinson-Patman Act be Salvaged?
, ProMarket (2022)
Online Article,
When Rhetoric Confronts Economic Reality: Unsupported Efficiency Claims and Unenforceable Promises Cannot Save the Book Publishers Deal
, ProMarket (2022)
Online Article,
The Corruption of Consumer Welfare
, ProMarket (2022)
Online Article,
Are Monopolists or Cartels the True Source of Anticompetitive US Political Power
, ProMarket (2022)
Online Article,
Antitrust
Remedies for Big Tech
, The Regulatory Review (2021)
Online Article,
Antitrust and Regulation Over Time
, The Regulatory Review (2020)
Online Article,
Justice Department's New Position on Patents, Standard Setting, and Injunctions
, The Regulatory Review (2020)
Online Article,
Are Regulatory Agreements to Address Climate Change Anticompetitive?
, The Regulatory Review (2019)
Online Article,
Fixing
Antitrust's Indirect Purchaser Rule
, The Regulatory Review (2019)
Online Article,
The Warren Campaign’s Antitrust Proposals
, The Regulatory Review (2019)
Brief,
Brief of Amici Curiae Antitrust Law Professors in O'Bannon v. NCAA
, United States Court of Appeals (2014)
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