The Yale Law Journal

Herbert Hovenkamp

Feature

Horizontal Shareholding and Antitrust Policy

Fiona Scott Morton & Herbert Hovenkamp

Horizontal shareholding occurs when a number of equity funds own shares of competitors operating in a concentrated product market. This Feature considers how antitrust laws might be applied to this: identifying a theory of harm and how it matches the law, as well as potential litigation hurdles.

Feature

Horizontal Mergers, Market Structure, and Burdens of Proof

Herbert Hovenkamp & Carl Shapiro

Hovenkamp and Shapiro argue that the longstanding structural presumption is strongly supported by economic theory and evidence and suggest ways to further strengthen it. The Feature considers and suggests additions to a promising recent legislative proposal to reinforce and expand the presumption.