Herbert Hovenkamp as Antitrust Oracle: Appreciating the Overlooked Contributions of the New Harvard School

in HERBERT HOVENKAMP: THE DEAN OF AMERICAN ANTITRUST LAW, LIBER AMICORUM 3–24 (Nicholas Charbit & Sebastien Gachot eds., 2021).

U of Penn, Inst for Law & Econ Research Paper No. 21-21

28 Pages Posted: 30 Jul 2021

See all articles by Christopher S. Yoo

Christopher S. Yoo

University of Pennsylvania Carey Law School; University of Pennsylvania - Annenberg School for Communication; University of Pennsylvania - School of Engineering and Applied Science

Date Written: July 27, 2021

Abstract

My colleague, Herbert Hovenkamp, is almost universally recognized as the most cited and the most authoritative US antitrust scholar. Among his many honors, his status as the senior author of the authoritative Areeda and Hovenkamp treatise makes him the unquestioned leader of the New Harvard School, which has long served as the bellwether for how courts are likely to resolve emerging issues in modern antitrust doctrine. Unfortunately, its defining tenets and its positions on emerging issues remain surprisingly obscure. My contribution to this festschrift explores the core commitments that distinguish the New Harvard School from other approaches to antitrust. It then explores Hovenkamp’s scholarship on key issues, including tying, the neo-Brandeisian/hipster antitrust movement, and digital platforms. A better understanding of Hovenkamp’s work and the New Harvard School should prove invaluable to anyone wishing to understand antitrust’s likely future.

Keywords: Antitrust, Herbert Hovenkamp, New Harvard School core commitments, markets, complexity, robustness, legal intervention, emerging issues, tying, neo-Brandeisian/hipster antitrust movement, digital platforms, consumer harm

JEL Classification: K21, K23, K24, L40, L43

Suggested Citation

Yoo, Christopher S., Herbert Hovenkamp as Antitrust Oracle: Appreciating the Overlooked Contributions of the New Harvard School (July 27, 2021). in HERBERT HOVENKAMP: THE DEAN OF AMERICAN ANTITRUST LAW, LIBER AMICORUM 3–24 (Nicholas Charbit & Sebastien Gachot eds., 2021)., U of Penn, Inst for Law & Econ Research Paper No. 21-21, Available at SSRN: https://ssrn.com/abstract=3895161

Christopher S. Yoo (Contact Author)

University of Pennsylvania Carey Law School ( email )

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HOME PAGE: http://www.law.upenn.edu/faculty/csyoo/

University of Pennsylvania - Annenberg School for Communication ( email )

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University of Pennsylvania - School of Engineering and Applied Science ( email )

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United States
(215) 746-8772 (Phone)

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