Herbert Hovenkamp (born 1948^[1]) is an American legal scholar known for his studies ofUnited States antitrust law. He serves as James G. Dinan University Professor at theUniversity of Pennsylvania Law School and theWharton School, having previously been a professor at theUniversity of Iowa College of Law for more than 30 years.

Hovenkamp graduated fromCalvin College in 1969. He then did graduate study at theUniversity of Texas at Austin, receiving anM.A. inAmerican literature in 1971 and aPh.D. in American civilization in 1976. He also attended theUniversity of Texas School of Law, receiving aJuris Doctor degree in 1978.

Hovenkamp was a law professor at the University of California Hastings College of Law (nowUniversity of California College of the Law, San Francisco) from 1980 to 1985 and at the University of Iowa College of Law from 1985 to 2017. Hovenkamp is a member of theAmerican Academy of Arts and Sciences.

Hovenkamp is sometimes cited as "the most influential antitrust scholar of our generation"^[2] and theNew York Times reported that many consider him "the dean of American antitrust law."^[3] Along with the now-deceasedPhillip Areeda, Hovenkamp is one of the two authors ofAntitrust Law, a widely cited American antitrust law treatise.^[4]

In each of the last ten antitrust cases heard by the United States Supreme Court, either the petitioner or the solicitor general pointed to Hovenkamp as supporting the position the justices were being urged to take.^[5] Professor Hovenkamp’s writings have been cited in 36 Supreme Court decisions and more than 1300 decisions in the lower courts.

Thomas Hungar, deputy solicitor general of the United States from 2003 to 2008, has called Hovenkamp one of the prime shapers of antitrust legal interpretation by U.S. courts.^[5]

In 2008, Hovenkamp received the John Sherman Award from the Antitrust Division of theDepartment of Justice. The award is presented approximately once every three years to "a person or persons for their outstanding achievement in antitrust law, contributing to the protection of American consumers and to the preservation of economic liberty."

• Hovenkamp, Herbert (1991).Enterprise and American Law, 1836-1937. Cambridge, MA: Harvard University Press.ISBN 978-0674257481.
• —;Areeda, Phillip (2000).Antitrust Law: An Analysis of Antitrust Principles and Their Application (2nd ed.). New York: Wolters Kluwer. 3rd edition (2006); 4th edition (2013); 5th edition (2020).
• — (2008).The Antitrust Enterprise: Principle and Execution. Cambridge, MA: Harvard University Press.ISBN 978-0674027411.
• — (2015).The Opening of American Law: Neoclassical Legal Thought, 1870–1970. New York, London: Oxford University Press.ISBN 978-0199331307.
• — (2024).Federal Antitrust Policy: The Law of Competition and Its Practice (7th ed.). St. Paul: West Academic Publishing.ISBN 979-8887864860.

• Hovenkamp, Herbert (1985)."Antitrust Policy After Chicago".Michigan Law Review.84 (2):213–84.JSTOR 1289065.
• — (1988)."The Classical Corporation in American Legal Thought".Georgetown Law Journal.76 (5):1593–1690.
• — (1988)."Regulatory Conflict in the Gilded Age: Federalism and the Railroad Problem".Yale Law Journal.97 (6):1017–72.hdl:20.500.13051/16545.JSTOR 796340.
• — (1988)."The Political Economy of Substantive Due Process".Stanford Law Review.40 (2):379–448.JSTOR 1228820.
• — (1989)."Antitrust's Protected Classes".Michigan Law Review.88 (1):1–47.doi:10.2307/1289134.JSTOR 1289134.
• — (1990)."The First Great Law & Economics Movement".Stanford Law Review.42 (4):993–1058.JSTOR 1228909.
• — (1990)."Legislation, Well-Being, and Public Choice".University of Chicago Law Review.57 (1):63–116.JSTOR 1599873.
• — (1996)."Judicial Restraint and Constitutional Federalism: The Supreme Court'sLopez andSeminole Tribe Decisions".Columbia Law Review.96 (8):2213–48.doi:10.2307/1123420.JSTOR 1123420.
• — (2001)."Post-Chicago Antitrust: A Review and Critique".Columbia Business Law Review.2001 (2):257–338.
• —; Janis, Mark;Lemley, Mark A. (2003)."Anticompetitive Settlements of Intellectual Property Disputes".Minnesota Law Review.87 (6):1719–66.
• —;Shapiro, Carl (2018)."Horizontal Mergers, Market Structures, and Burdens of Proof".Yale Law Journal.127 (7):1996–2025.JSTOR 45222590.
• —;Morton, Fiona Scott (2018)."Horizontal Shareholding and Antitrust Policy".Yale Law Journal.127 (7):2026–47.JSTOR 45222591.
• — (2018)."The Rule of Reason".Florida Law Review.70 (1):81–168.
• — (2021)."Antitrust and Platform Monopoly".Yale Law Journal.130 (8):1952–2051.

• Penn Law Faculty page
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• Calvin University alumni
• University of Texas at Austin alumni
• American legal scholars
• Living people
• 1948 births
• American people of Dutch descent
• Scholars of competition law
• University of Iowa College of Law faculty
• University of California College of the Law, San Francisco faculty
• University of Pennsylvania Law School faculty

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