Tech Policy Podcast 393: Herbert Hovenkamp on the State of Antitrust Law
Dec 17, 2024
Herbert Hovenkamp is a leading expert in antitrust law, teaching at Penn Law and Wharton. He shares insights on the progressive antitrust movement and the government's aggressive stance on Big Tech. The conversation highlights the 2023 Merger Guidelines and critiques the reliance on outdated legal doctrines. Hovenkamp also delves into iconic antitrust cases like Microsoft's and the historical AT&T breakup, emphasizing the impact on innovation. His forward-thinking approach advocates for a balanced enforcement strategy in today's tech landscape.
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Tech Industry: An Inappropriate Antitrust Target?
- The tech industry's high innovation, growth, and new entry suggest it shouldn't be the primary focus of antitrust.
- Antitrust should target markets with low innovation, rigid shares, collusion, and limited entry, characteristics absent in big tech.
Meta and Google: Anticompetitive Practices?
- Meta's acquisition of Instagram potentially limited competition by eliminating a close competitor.
- Google's payments for default search engine status likely reduced competition in search engine deployment.
Google Search Case: Excessive Remedies?
- The DOJ's proposed remedies in the Google search case, like divesting Chrome and Android, seem excessive.
- These proposals appear to punish Google rather than address consumer harm caused by payments to Apple.