April 23, 2009
Law professor Hovenkamp lauded by former government official
A former top prosecutor for the U.S. government says in a new article that University of Iowa law professor Herb Hovenkamp is one of the prime shapers of antitrust legal interpretation by U.S. courts.
In an opinion piece published in the current issue of the journal Antitrust, Thomas Hungar, deputy solicitor general of the United States from 2003 to 2008, points out that Hovenkamp's writing has clearly influenced the United States Supreme Court's recent decisions in antitrust cases.
Hungar notes the Court has cited Hovenkamp's books or law review articles in eight of its nine most recent antitrust decisions, and they are also cited frequently by attorneys seeking to have their cases reviewed by the Court. In each of the last ten antitrust cases heard by the Court, he said either the petitioner or the solicitor general pointed to Hovenkamp as supporting the position the justices were being urged to take.
In every case, the Supreme Court agreed.
"Justice (Steven) Breyer has written that practitioners would prefer to have two paragraphs (of a Hovenkamp) treatise on their side than three Courts of Appeals or four Supreme Court justices," Hungar noted.
He also says that the Ninth Circuit Court of Appeals recently formulated a new test for the legality of bundled discounts based on an approach Hovenkamp has advocated in his research.
Hungar's article, "Appellate Advocacy in Antitrust Cases: Lessons From the Supreme Court," co-authored with Ryan G. Koopmans, appears in the Spring 2009 issue of Antitrust.
STORY SOURCE: University of Iowa News Service, 300 Plaza Centre One, Iowa City, Iowa 52242-2500
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