Scott Hemphill’s research focuses on the law and economics of competition and innovation.
Professor Hemphill’s work has been broadly cited in federal and state courts, including the U.S. Supreme Court and the California Supreme Court, and has formed the basis for congressional testimony on matters of regulatory policy. Major media outlets, including the New York Times, the Wall Street Journal, and NPR, have interviewed Professor Hemphill on antitrust topics, including the potential breakup of technology giants such as Facebook. His influence is felt in the courtroom, in business circles, and in academia.
Professor Hemphill’s recent award-winning research with Tim Wu, “Nascent Competitors,” exemplifies this dual focus and continues to have broad academic and policy impact. The article examines the conditions under which anticompetitive effects can arise when dominant firms in the technology sector acquire startups, or so-called “nascent competitors.”
Professor Hemphill’s work has been broadly cited in federal and state courts, including the U.S. Supreme Court and the California Supreme Court.
The article discusses the characteristics of a nascent competitor, what differentiates it from a small firm whose acquisition is unlikely to negatively affect current or future competition, and the types of evidence that are important for demonstrating harm.
“Nascent Competitors” has been discussed at high levels of government, where preventing potentially anticompetitive acquisitions of nascent competitors is a key policy objective. U.S. Federal Trade Commissioner Noah Phillips referenced the research in an address in April 2021, and the House Antitrust Subcommittee also took up the topic in a Majority Staff Report on “Investigation of Competition in Digital Markets.”
“Nascent Competitors” was also frequently referenced by respondents to the January 2022 U.S. Department of Justice and Federal Trade Commission Request for Information on Merger Enforcement, including the U.S. Chamber of Commerce, 23 Attorneys General, the American Antitrust Institute, the International Center for Law and Economics, and several distinguished academics. Familiarity with this article is fundamental in any discussion of acquisitions of startups.
At NYU Law, Professor Hemphill teaches courses on antitrust law and intellectual property. He is a noted author in leading law journals, peer-reviewed economics publications, and the popular press. He has contributed chapters to several books, including the Oxford Handbook of Intellectual Property Law.
While on public service leave from academia, Professor Hemphill served as antitrust bureau chief for the New York State Attorney General (2011–2012).