Herbert Hovenkamp

Article

Antitrust and Platform Monopoly

Large digital platforms often are not winner-take-all markets. As a result, antitrust has a role but breakup is rarely the right solution. Better options include incentivizing competition within the platform or forcing interoperability or information sharing. Current merger policy, however, is poorly designed to address platform acquisitions of small firms.

Jun 29, 2021
Feature

Horizontal Mergers, Market Structure, and Burdens of Proof

Hovenkamp and Shapiro argue that the longstanding structural presumption is strongly supported by economic theory and evidence and suggest ways to further strengthen it. The Feature considers and suggests additions to a promising recent legislative proposal to reinforce and expand the presumption.

May 24, 2018
Feature

Horizontal Shareholding and Antitrust Policy

Horizontal shareholding occurs when a number of equity funds own shares of competitors operating in a concentrated product market. This Feature considers how antitrust laws might be applied to this: identifying a theory of harm and how it matches the law, as well as potential litigation hurdles.

May 24, 2018