This essay evaluates Hovenkamp's suggestions, concluding that most are sound, that a few might be slightly revised to enhance their effectiveness or administrability, and that a couple are downright unwise. In particular, the essay criticizes Hovenkamp's call for abandonment of the indirect purchaser rule and his proposed test for identifying exclusionary conduct under Section 2 of the Sherman Act.
Thomas A. Lambert, Herbert Hovenkamp's Tweaking Antitrust's Business Model the Antitrust Enterprise: Principle and Execution, 85 Tex. L. Rev. 153 (2006)