Erik Hovenkamp
USC Gould School of Law

Erik Hovenkamp’s research focuses on antitrust; IP and innovation policy; law and economics; and industrial organization. His work has been published in a range of leading law reviews and economics journals, including the Yale Law Journal; the Journal of Legal Studies; the Journal of Industrial Economics; and the University of Chicago Law Review, among many others.

Hovenkamp earned a PhD in economics and a JD, both from Northwestern University. Prior to joining the USC faculty in 2019, he was a postdoctoral fellow at Harvard Law School in the Project on the Foundations of Private Law and a Visiting Fellow at Yale Law School in the Information Society Project. In 2018 he was a Visiting Lecturer at Boston University School of Law. 

Works in Progress

• "Product Development with Lurking Patentees," (with Jorge Lemus & Jonathan Turner). 

Articles and Book Chapters

• "Drug Settlements and Generic Entry: Has the PTAB Made a Difference?" (with Jorge Lemus, Arti Rai, & Saurabh Vishnubhakat), Nature Biotechnology (forthcoming, 2023). 
• "Restraints on Platform Differentiation," Yale Journal of Law and Technology (forthcoming, 2023).
• "Platform Discrimination Against Rivals: An Antitrust Framework" (invited), Journal of Corporation Law (forthcoming, 2023). 
• "The Antitrust Duty to Deal in the Age of Big Tech," 131 Yale Law Journal (2022). - (SSRN)
• "Antitrust and Trademark Settlements," (with C. Scott Hemphill) Antitrust Law Journal (forthcoming, 2022). 
• "Proposed Antitrust Reforms in Big Tech: What Do They Imply for Competition and Innovation?," Antitrust Chronicle (forthcoming, 2022).  - (SSRN)
• "Litigation with Inalienable Judgments," (with Steven Salop) Journal of Legal Studies (forthcoming 2022). - (SSRN)
• "Antitrust Limits on Patent Settlements: A New Approach," (with Jorge Lemus) Journal of Industrial Economics (forthcoming, 2021). - (SSRN)
• "Post-Grad Adjudication of Drug Patents: Agency and/or Court?" (with Jorge Lemus, Arti Rai & Saurabh Vishnubhakat) Berkeley Technology Law Journal (forthcoming, 2021) - (SSRN)
• “Startup Acquisitions, Error Costs, and Antitrust Policy,” (with Kevin Bryan) 87 University of Chicago Law Review 331 (2020).  - (SSRN)
• "Tying and Exclusion in FRAND Licensing: Evaluating Qualcomm," (with Timothy Simcoe) 19 Antitrust Source 1 (2020). - (SSRN)
• “Antitrust Limits on Startup Acquisitions,” (with Kevin Bryan) 56 Review of Industrial Organization 615 (2020). - (SSRN)
• "Platform Antitrust," 44 Journal Of Corporation Law 713 (2019).  - (SSRN)
• "Demystifying Patent Holdup," (with Thomas F. Cotter & Norman Siebrasse) 76 Washington & Lee Law Review 1501 (2019).  - (SSRN)
• "FTC v. Qualcomm, Antitrust and Intellectual Property," The Regulatory Review (July 11, 2019). - (www)
• "Antitrust Law and Patent Settlement Design,"  32 Harvard Journal of Law & Technology 417 (2019). - (SSRN) - (Hein)
• "Vertical Mergers and the MFN Thicket in Television," (with Neel Sukhatme) Antitrust Chronicle (August 17, 2018).   - (SSRN) - (www)
• "Delayed Entry Settlements at the Patent Office," (with Jorge Lemus) 54 International Review of Law and Economics 30 (2018).    - (SSRN) - (www)
• "Competition, Inalienability, and the Economic Analysis of Patent Law," 21 Stanford Technology Law Review 33 (2018)  - (SSRN) - (Hein)
• "Tying, Exclusivity, and Standard-Essential Patents," 19 Columbia Science and Technology Law Review 79 (2018).    - (SSRN) - (Hein)
• "Buying Monopoly: Antitrust Limits on Damages for Externally Acquired Patents," (with Herbert Hovenkamp) 25 Texas Intellectual Property Law Journal 39 (2018).    - (SSRN) - (Hein)
• "How Patent Damages Skew Licensing Markets," (with Jonathan Masur) 36 Review of Litigation 379 (2017). - (SSRN) - (Hein)
• "Patent Pools and Related Technology Sharing," (with Herbert Hovenkamp) in Cambridge Handbook On Antitrust and Intellectual Property (Daniel Sokol & Roger Blair, eds.) (2017).     - (SSRN)
• "Challenge Restraints and the Scope of the Patent," Antitrust Chronicle (December 14 2016).    - (SSRN) - (www)
• "Anticompetitive Patent Injunctions," (with Tom Cotter) 100 Minnesota Law Review 871 (2016).   - (SSRN) - (Hein)
• "Tying Arrangements," (with Herbert Hovenkamp) in Oxford Handbook of International Competition Policy, (Daniel Sokol & Roger Blair, eds.) (2014).    - (SSRN)
• "Tying Arrangements and Antitrust Harm," (with Herbert Hovenkamp) 52 Arizona Law Review 925 (2010) .   - (SSRN) - (Hein)
• "Complex Bundled Discounts and Antitrust Policy," (with Herbert Hovenkamp) 57 Buffalo Law Review 1227 (2009).  - (SSRN) - (Hein)
• "The Viability of Antitrust Price Squeeze Claims," (with Herbert Hovenkamp) 51 Arizona Law Review 273 (2009).
    - (SSRN) - (Hein)
• "Exclusionary Bundled Discounts and the Antitrust Modernization Commission," (with Herbert Hovenkamp)  53 Antitrust Bulletin 517 (2008). - (SSRN) - (Hein)

FACULTY IN THE NEWS

Politi Fact
May 23, 2023
Re: David B. Cruz

Professor David Cruz was recently interviewed about a controversial bill that was passed in Connecticut. "Paying even modest attention to the bill’s definitions should make it clear beyond doubt that it will not be the source of protections based upon the age of people to whom one is attracted or with whom one has sex," Cruz said.

RECENT SCHOLARSHIP

Robin Craig
April, 2023

"Fish, Whales, and a Blue Ethics for the Anthropocene: How Do We Think About the Last Wild Food in the Twenty-First Century?," 95:6 Southern California Law Review 1307-1343 (April 2023).

Robin Craig
April, 2023

"California Exceptionalism in the Colorado River: A Brief History and Implications for the Future."

Robin Craig
April, 2023

"Toward a Global Sustainable Development Agenda Built on Resilience" (with Murray W. Scown, Craig R. Allen, Lance Gunderson, David G. Angeler, Jorge H. Garcia, & Ahjond Garmestani), Global Sustainability (online publication April 2023).