Hillary Greene

Zephaniah Swift Professor of Law

Hillary Greene’s recent research has identified and explored the intersection of antitrust and the First Amendment. Two problems arising at this intersection concern threatened First Amendment “muzzling of antitrust” and “antitrust censorship of speech.” The former concerns problems the inadequate protection of competition values that can arise from efforts to claim First Amendment immunity to antitrust challenges to redesigns of information products (e.g., Internet search engines). The latter concerns inadequate protection of the First Amendment that can result when antitrust principles are applied in a conventional manner to expressive boycotts involving potentially anticompetitive speech, speech that is both economically self-interested and politically motivated.

She has also explored the intersection of antitrust and administrative law which gives rise to “guideline institutionalization.” In such a process supposedly nonbinding federal antitrust merger guidelines become valued for more than just the persuasive power of their ideas. Another article focuses on the vaccine industry’s ability to address emerging diseases given patent rights that are fragmented or shrouded by technological uncertainty.

Professor Greene’s scholarship has incorporated empirical research and reflects various influences including discourse theory, law and economics, sociology and political science. She is co-Principal Investigator, with Professor Lee Fleming (University of California, Berkeley School of Engineering), on a recently awarded National Science Foundation grant, “The Reach of the Visible Hand: Government Acknowledgments in US Patents and Technological Change, 1975-2015.” Greene is also continuing her empirical work regarding antitrust treatment of innovation is ongoing. 

Professor Greene is presently a visiting scholar at Harvard Law School and was previously a visiting scholar at U.C. Berkeley’s School of Law and School of Engineering (Fung Institute). She served as the inaugural director of the Law School’s Intellectual Property and Entrepreneurship Law Clinic from 2007 to 2012. Prior to joining the UConn Law faculty, she was an associate professor of law at the University of Utah and a visiting scholar at the University of Pennsylvania Law School. Previously, Professor Greene worked as a litigation associate at Cahill Gordon & Reindel LLP in New York and served as acting deputy assistant general counsel for policy studies and as the project director for intellectual property at the Federal Trade Commission’s Office of the General Counsel.

Professor Greene currently serves on the executive committee, as Chair Elect, of the American Association of Law School’s Antitrust and Trade Regulation Section and as a contributing editor on the Antitrust Law Journals editorial board. Professor Greene is a graduate of Yale Law School and Yale College (summa cum laude, Phi Beta Kappa, with distinction in her major – Economics and Political Science).

Hillary GreeneMuzzling Antitrust: Information Products, Innovation and Free Speech, 95 Boston Univ. L. Rev. 35 (2015)

Hillary Greene & Dennis Yao, The Influence of Strategic Management on Antitrust Discourse, 59 Antitrust Bulletin 789 (2014)

Hillary GreeneNon-Per Se Treatment of Buyer Price-Fixin in Intellectual Property Settings, 2011 Duke Law & Technology Rev. 004

James A. Anton, Hillary Greene & Dennis A. Yao, Policy Implications of Weak Patent Rights, Innovation Policy and the Economy (Vol. 6) 1 (Adam jaffe et al. eds., MIT Press 2006)

Hillary Greene, Antitrust Censorship of Economic Protest, 59 Duke L. J. 1037 (2010)

Hillary Greene, Afterword: The Role of the Competition Community in the Patent Law Discourse, 69 Antitrust Law Journal 841 (2002).