Erik Hovenkamp
YOU?
Author Swipe
View article: Economics or Populism? The Battle for the Future of Antitrust
Economics or Populism? The Battle for the Future of Antitrust Open
View article: Antitrust's Refusal-to-Deal Doctrine: The Emperor Has No Clothes
Antitrust's Refusal-to-Deal Doctrine: The Emperor Has No Clothes Open
View article: The Competitive Effects of Search Engine Defaults
The Competitive Effects of Search Engine Defaults Open
View article: Trinko Meets Microsoft: Leverage and Foreclosure in Platform Refusals to Deal
Trinko Meets Microsoft: Leverage and Foreclosure in Platform Refusals to Deal Open
View article: Antitrust Limits on Patent Settlements: A New Approach*
Antitrust Limits on Patent Settlements: A New Approach* Open
Patent settlements between rivals restrain competition in many different ways. Antitrust requires that their anticompetitive effects are reasonably commensurate with the firms' expectations about (counterfactual) patent litigation. Because…
View article: Brief Of Amicus Curiae Law And Economics Scholars In Support Of Petition For Rehearing En Banc in Continental v. Avanci (5th Cir. 2022)
Brief Of Amicus Curiae Law And Economics Scholars In Support Of Petition For Rehearing En Banc in Continental v. Avanci (5th Cir. 2022) Open
View article: Litigation with Inalienable Judgments
Litigation with Inalienable Judgments Open
View article: Proposed Antitrust Reforms in Big Tech: What Do They Imply for Competition and Innovation?
Proposed Antitrust Reforms in Big Tech: What Do They Imply for Competition and Innovation? Open
View article: Antitrust and Trademark Settlements
Antitrust and Trademark Settlements Open
View article: Restraints on Platform Differentiation
Restraints on Platform Differentiation Open
View article: Product Development with Lurking Patentees
Product Development with Lurking Patentees Open
View article: Preserving the Royalty-Free Standards Ecosystem
Preserving the Royalty-Free Standards Ecosystem Open
View article: Replication Data for: Post-Grant Adjudication of Drug Patents: Agency and/or Court?
Replication Data for: Post-Grant Adjudication of Drug Patents: Agency and/or Court? Open
The America Invents Act of 2011 (“AIA”) created a robust administrative system—the Patent Trial and Appeal Board (“PTAB”)—for challenging the validity of granted patents. Congress determined that administrative correction of errors made in…
View article: Post-Grant Adjudication of Drug Patents: Agency and/or Court
Post-Grant Adjudication of Drug Patents: Agency and/or Court Open
View article: Strategic Incentives in Non-Coasean Litigation
Strategic Incentives in Non-Coasean Litigation Open
View article: The Antitrust Duty to Deal in the Age of Big Tech
The Antitrust Duty to Deal in the Age of Big Tech Open
View article: Proportional Restraints in Horizontal Patent Settlements
Proportional Restraints in Horizontal Patent Settlements Open
View article: Asymmetric Stakes in Antitrust Litigation
Asymmetric Stakes in Antitrust Litigation Open
View article: Startup Acquisitions, Error Costs, and Antitrust Policy
Startup Acquisitions, Error Costs, and Antitrust Policy Open
Startup acquisitions by dominant incumbents, especially in high tech, have recently attracted significant attention. Many researchers and practitioners worry about harms to competition or innovation. However, there has been very little ant…
View article: Antitrust Limits on Startup Acquisitions
Antitrust Limits on Startup Acquisitions Open
View article: Demystifying Patent Holdup
Demystifying Patent Holdup Open
Patent holdup can arise when circumstances enable a patent owner to extract a larger royalty ex post than it could have obtained in an arm's length transaction ex ante. While the concept of patent holdup is familiar to scholars and practit…
View article: Proportional Restraints in Horizontal Patent Settlements
Proportional Restraints in Horizontal Patent Settlements Open
View article: Online Appendix: Proportional Restraints in Horizontal Patent Settlements
Online Appendix: Proportional Restraints in Horizontal Patent Settlements Open
View article: Vertical Mergers and the MFN Thicket in Television
Vertical Mergers and the MFN Thicket in Television Open
Increasingly, cable and satellite TV services (known as “MVPDs”) seek to acquire upstream programming creators, as illustrated by AT&T’s recent merger with Time-Warner. At the same time, the pay-TV industry is rife with “most-favored natio…
View article: Antitrust Policy for Two-Sided Markets
Antitrust Policy for Two-Sided Markets Open
View article: Switching Costs, Path Dependence, and Patent Holdup
Switching Costs, Path Dependence, and Patent Holdup Open
View article: Antitrust Law and Patent Settlement Design
Antitrust Law and Patent Settlement Design Open
View article: Tying, Exclusivity, and Standard-Essential Patents
Tying, Exclusivity, and Standard-Essential Patents Open
View article: Proportional Restraints and the Patent System
Proportional Restraints and the Patent System Open
View article: Competition, Inalienability, and the Economic Analysis of Patent Law
Competition, Inalienability, and the Economic Analysis of Patent Law Open