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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 The conversation highlights the 2023 Merger Guidelines and critiques the reliance on outdated legal doctrines.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.
57:22

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Quick takeaways

  • The Biden administration's aggressive antitrust stance aims to bolster labor through enforcement initiatives targeting major tech companies past anti-competitive practices.
  • Critics argue that the progressive antitrust movement's nostalgic focus on outdated cases restricts the development of innovative approaches necessary for contemporary market challenges.

Deep dives

Biden Administration's Antitrust Moves

The Biden administration has adopted a more aggressive approach to antitrust enforcement, particularly in favor of labor, addressing long-standing declines in labor participation in economic returns. This shift recognizes that antitrust laws apply equally to labor and consumers, making efforts to bolster labor crucial. Another significant point is the revision of merger guidelines that were perceived as insufficiently strict, which is seen as a positive development. Specific actions against major tech companies, particularly in the cases involving Google and Facebook, have also been highlighted as appropriate responses to anti-competitive practices.

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