Professor hovenkamp is a recognized expert and prolific author in the area of antitrust law. Et sullivan, h hovenkamp and ha shlanski, antitrust law, policy and. Antitrust law expert herbert hovenkamp wolters kluwer. Hovenkamp, the law of vertical integration and the business. Quantification of harm in private antitrust actions in the united states. Preface to the first edition we believe this book on federal antitrust law is a unique and valuable contribution to its genre. Second, the sherman act inquires into whether prices are the result of the competitive process, not whether they are reasonable. Brief for amici curiae united states of america and federal. Anticompetitive mergers in labor markets ioana marinescu. Introduction standard setting organizations ssos create technology standards in order to ensure product or service quality, promote compatibility and interoperability of networked products, and facilitate the competitive development of new technologies. Johns university school of law, university of utah s. Brief for amici curiae united states of america and. He is a fellow of the american academy of arts and sciences, and in 2008 won the justice departments john sherman award for his lifetime contributions to antitrust law. Curriculum vitae, herbert hovenkamp, october 3, 2017 page 1.
The influence of the areedahovenkamp treatise in the lower. Areeda and herbert hovenkamp, antitrust law 337340 3d ed. Tying arrangements and antitrust harm by herbert hovenkamp. Herbert hovenkamp books list of books by author herbert. Hovenkamp is generally regarded as the most influential antitrust scholar of our generation and the new york times reported that many consider him the dean of american antitrust law. Constitutional constraints on federal antitrust law the. We conclude that the vast majority of ties produce welfare gains and most of them benefit consumers as well.
As a result, harsh antitrust treatment of unilaterally imposed ties is never warranted. Although it covers the same general law as its peers, its perspective is different in several ways that make it particularly useful for teachers hoping to offer a sophisticated but litigationoriented antitrust course. Although the united states and the federal trade commission share principal responsibility for enforcing the antitrust laws, suits. Act and the federal trade commission act ftc act, both passed in 1914 during woodrow. American bar association, section of antitrust law, antitrust federalism. Federal antitrust policy, the law of competition and its practice hornbooks hovenkamp, herbert on. Download federal antitrust law ebook free in pdf and epub format. More than a half century ago, however, the supreme court held that the ftc acts prohibition of unfair methods of competition reaches everything the sherman act reaches and also a penumbra of practices that are not technical sherman act violations. On the extent to which the current neobrandeis movement restates earlier movements, see herbert hovenkamp, is antitrusts consumer welfare principle imperiled. Herbert hovenkamp, the university of iowa, college of law, faculty member. In 2012 he served on the abas committee to advise the presidentelect on antitrust matters.
Mergers of competitors are conventionally challenged under the federal antitrust laws when they threaten to lessen competition in some product or service market in which the merging firms sell. The law of competition and its practice west academic hornbook series, 5th ed. Philadelphia 1national bank, challengers have mounted prima facie cases against hor izontal mergers that rest on. Provides that both notice and the consent ofthe oag is required before ant settlement or release of a class action can be place before a court for approval. There are multiple format available for you to choose pdf, epub, doc. Federal antitrust law available for download and read online in other formats. Herbert hovenkamp biography, singlefirm conduct hearings. Federal trae commission in support of appellants statement of interest of the united states the federal trae commission congress created a dual system of antitrust enforcement. Department of justice and federal trade commission, antitrust enforcement and intellectual property. He is the sole surviving author of antitrust law, the most cited legal reference on the subject. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other. Antitrust policy and inequality of wealth by herbert.
Herbert hovenkamp, university of iowa, usa the strength of this book lies in the balance it has struck between achieving breadth in its scope of coverage and depth in its analysis of the competition laws of the united states and the european community. Herbert hovenkamp, federal antitrust policy 1994 edward a. Constitutional constraints on federal antitrust law alden f. Herbert hovenkamp, author of the leading antitrust treatise, points out, the antitrust statutes language is vague and malleable.
Federal antitrust policy, the law of competition and its practice hornbooks. Thorelli, the federal antitrust policy 5496, 235308 1955. Curriculum vitae, herbert hovenkamp, december 2, 2019 page 1. Title, author, edition date language format libraries. Nov 02, 2018 antitrust analysis of tying arrangements and exclusive dealing, george mason university law and economics research paper series no. Of course, a corollary is that someone attempting to use antitrust law to redistribute wealth will have to rely on the existing antitrust statutes rather than obtaining a new antitrust provision that is more explicitly distributive. Curriculum vitae, herbert hovenkamp, july 1, 2017 page 1. Herbert hovenkamp is a fellow of the american academy of arts and sciences, and in 2008 won the justice departments john sherman award for his lifetime contributions to antitrust law. Horizontal mergers, market structure, and burdens of proof. Herbert hovenkamp is that rare lawyer who combines a solid knowledge of history with a broad command of law and economics.
The law of competition and its practice hornbook series student edition hovenkamp, herbert on. In the united states, antitrust law is a collection of federal and state government laws that. A historical note herbert hovenkamp rofessors duffy and hynes offer an interesting, patentcentric interpretation of the first sale exhaustion doctrine in patent law, arguing that the doctrines principal purpose is to constrain the scope of. Federal antitrust policy by herbert hovenkamp book resume. By contrast, federal antitrust law would apply whether or not there was a first sale. Antitrust law is a blunt instrument for dealing with many claims of anticompetitive standard setting. Identifying distributive concerns in antitrust the dominant view of antitrust policy in the united states is that it is intended to. Herbert hovenkamp, who many consider to be the dean of american antitrust law, addresses the relationship between competition policy and inequality of wealth in his new article, published in competition policy international cpis antitrust chronicle. The federal trade commission and the sherman act by.
H68 nearly all aspects of federal antitrust policy are covered in this hornbook, and its written so you dont need a background in economics to understand it. When someone should go to the book shops, search establishment by establishment, rack by rack, it is very frustrating. Pdf federal antitrust law download full pdf book download. The law of competition and its practice hornbook series student edition, by herbert hovenkamp. This annual award is given for outstanding contributions to the field. The relationship between patent rights and antitrust law seungwoo son on the issue of whether a patent right includes the right to selectively refuse to sell, differing viewpoints have been taken among the circuits, in addition to, the federal trade commission ftc, on whether such refusals violate antitrust law. An analysis of antitrust principles applied to intellectual property law 3d, with mark d. Now published in a singlevolume with an annual update, fundamentals of antitrust law, fourth edition provides sophisticated coverage of the topics most cited or litigated in the field. Second, the sherman act inquires into whether prices are the result of the competitive. Yes, send me information on similar products and content from wolters kluwer. Dec 16, 2016 antitrust policy toward vertical restraints remained much more unstable, however, largely because their effects were so poorly understood. The law of competition and its practice by herbert hovenkamp call number.
The ftcs wide ranging complaint against intel corporation indicates that the ftc intends to rely on the unfair methods of competition language in 5 of the ftc act to reach beyond the proscriptions on unilateral conduct contained in 2 of the sherman act. Quinney college of law, university of michigan law school, the pennsylvania state university university park penn state law, university of pennsylvania law school, boston university school of law. Third, section 2 of the sherman act prohibits the abuse of monopoly power. Total downloads of all papers by herbert hovenkamp. Emory university school of law, university of illinois college of law, st. Khan, herbert hovenkamp, naomi lamoreaux, joseph miller.
The ftcs anticompetitive pricing case against intel by. Justice department honors herbert hovenkamp with sherman award on july 29, 2008, the usdoj antitrust division presented professor herbert hovenkamp with the prestigious john sherman award for his lifetime contributions to the teaching and enforcement of antitrust law and the development of antitrust policy. His new book, the antitrust enterprise, is the fruitful product of this synergy, and promises to be this generations version of robert borks antitrust paradox. Herbert hovenkamp, the antitrust enterprise 2005 herbert hovenkamp, antitrust law 2d ed. Herbert hovenkamp, a professor at the wharton school at the university of pennsylvania, said the u. The antitrust enterprise herbert hovenkamp harvard. On the measurement of overcharge damages in cartel cases, see herbert hovenkamp, federal antitrust policy. This conflicts with a federal stathte and, for the reasons discussed below, should be amended. Read federal antitrust law online, read in mobile or kindle. Download or read federal antitrust policy book by clicking button below to visit the book download website.
This is a book that should belong on every competition and antitrust lawyers shelf. The supreme court of the united states, for example, has famously stated that the a. A n t i t r u s t m a r k e t p o w e r a n d i n t e l l e c t u a l p r o p e r t y w i n t e r 2 0 0 3 t v o l. In many of these cases the threat is that in concentrated markets those with only a few sellers. This article provides a litigation field guide for antitrust claims under the rule of reason or more precisely, for situations when application of the rule of reason is likely. We deliver the joy of reading in 100% recycled packaging with free standard shipping on u. The federal trade commission and the sherman act by herbert. Sherman antitrust act of 1890 promised to rein in the trusts through federal prosecutions. The antitrust enterprise confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust s rule of reason, offering a coherent and workable set of solutions.
Federal antitrust policy, the law of competition and its. Scott and hovenkamp, herbert and shapiro, carl, activating actavis august 26, 20. Under the leadership of herbert hoover, the government in the 1920s promoted. Curriculum vitae, herbert hovenkamp, december 2, 2019 page 2 federal antitrust policy. Since the supreme courts landmark 1963 decision in united states v.
By the late 1920s the basic contours of the rule for restraints among competitors was roughly established. That is, it condemned a good deal of conduct that was procompetitive and in. Standards ownership and competition policy herbert hovenkamp abstract. Hovenkamp distributive justice and consumer welfare in antitrust page 1 july, 2011 distributive justice and consumer welfare in antitrust herbert hovenkamp introduction. Treatises antitrust treatises guides at georgetown law. Fundamentals of antitrust law phillip areeda, herbert. Fundamentals of antitrust law, fourth edition wolters.
Herbert hovenkamp teaches antitrust law, american legal and constitutional history, torts, and innovation and competition policy. One possible lever for redistributive antitrust is a link between market competitiveness and wealth equality. Philadelphia national bank, antitrust challengers have mounted prima facie cases against horizontal mergers. A historical note herbert hovenkamp rofessors duffy and hynes offer an interesting, patentcentric. We personally assess every books quality and offer rare, outofprint treasures.
Studies rule of law, biotechnology, and public health. Us antitrust law and policy in historical perspective harvard. Curriculum vitae, herbert hovenkamp, october 3, 2017 page 2 federal antitrust policy. In any event, antitrust is not a roving mandate to question bad. Herbert hovenkamp abstract antitrusts rule of reason was born out of a thirtyyear supreme court debate concerning the legality of multi firm restraints on competition. Before coming to iowa, professor hovenkamp was professor of law at the university of california, hastings college of the law, and prior to that he was instructor, department of history and american civilization, university of texas. Thriftbooks sells millions of used books at the lowest everyday prices. Since the sherman act was passed, the federal antitrust laws have cycled through. Curriculum vitae, herbert hovenkamp, july 1, 2017 page 2 federal antitrust policy.
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