Profile

Max Huffman

Vice Dean
Samuel R. Rosen Professor of Law

Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 227K
530 W. New York Street
Indianapolis, IN 46202-3225

Phone: (317) 274-8009
E-Mail: huffmmax@iu.edu

SSRN | Curriculum Vitae

Education

B.A., 1995,Cornell University
J.D., 1998, University of Cincinnati College of Law

Courses

Antitrust, Bankruptcy, Commercial Law

Other

Externship Supervisions

Bio

Max Huffman joined the McKinney School of Law faculty in 2008, was voted tenure and full professor in 2013, and became Vice Dean on July 1, 2022. In 2025, Huffman was awarded the Samuel R. Rosen Endowed Professorship. Vice Dean Huffman advises the Dean with regard to all aspects of the law school's operations.

Huffman teaches Antitrust, Comparative and International Antitrust, Secured Transactions, Bankruptcy, and Payment System. He is a three-time winner of the Faculty Leadership Award, as well as awards for his teaching.

Vice Dean Huffman has published his scholarship on antitrust, consumer law, bankruptcy, and related topics in a wide variety of books and law journals. His recent work has focused on the artificial intelligence and the gig economy, with attention to issues of cartel behavior, labor organization, and algorithmic pricing. He is a regular speaker on antitrust and consumer law topics both in the U.S. and overseas. 

Huffman is an Order of the Coif graduate of the University of Cincinnati College of Law and earned his undergraduate degree in mathematics at Cornell University.  Before returning to the academy, Professor Huffman served in both private and Federal Government practice in Washington, D.C., and clerked for Judge Stephen Trott on the U.S. Court of Appeals for the Ninth Circuit.

Publications

(SSRN: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=624154)

Books and Chapters

• The Sharing Economy and Competition, in UNCTAD: Competition and Consumer Protection for Inclusive Development in the Digital Era
• Co-editor (with Andre Fiebig), Antitrust & Am. Bus. Abroad (Thomson Reuters) (multi-volume treatise)
• Co-Editor (with William Page, John Lopatka, and Joseph Bauer), Kintner's Federal Antitrust Law (beginning Summer 2018)

Law Review and Journal Articles

• Anderson & Huffman, Labor Organization in Ride Sharing - Unionization or Cartelization?, 23 Vand. J. Ent. & Tech. L. 715 (2021)
• Competition Law Limits on Ride Sharing Enterprises, Indian Journal of Law and Technology, National Indian University - Bangalore
• Competition Policy Implications of Ride Sharing Enterprises, Concurrences On-Topic (Jan. 2020)
• Max Huffman, Incentives to Comply with the Competition Laws, __ Loyola University Chicago Consumer Law Review __ (2018)
• The Sharing Economy Meets the Sherman Act: Is Uber a Firm, a Cartel, or Something in Between? (with Mark Anderson), 2017 Columbia J. Bus. Law 859 (2017)
• Worlds in Collision: Antitrust Review of Bankruptcy Asset Sales, 60 Villanova Law Review 839 (2015) (lead article)
• * Behavioral Exploitation in Consumer Subprime Mortgage Lending (with Daniel Heidtke), 3 William & Mary Policy Review 77 (2012) (peer reviewed)
• * Marrying Neo-Chicago and Behavioral Antitrust, 78 Antitrust Law Journal 105 (2012)
• Iqbal, Twombly, and the Expected Cost of False Positive Error (with Mark Anderson), 20 Cornell J. Law & Pub. Pol'y 1 (2010) (lead article)
• Bridging the Divide? Theories for Integrating Competition Law and Consumer Protection, 6 European Comp. J. 7 (2010)
• The Necessity of Pleading Elements in Private Antitrust Conspiracy Claims, 10 U. Pa. J. Bus. & Emp. L. 627 (2008)
• A Retrospective on Twenty-Five Years of the Foreign Trade Antitrust Improvements Act, 44 Hous. L. Rev. 285 (2007)
• A Standing Framework for Private Extraterritorial Antitrust Enforcement, 60 SMU L. Rev. 103 (2007)

Essays and Reports

• * Commissioner Wright and Behavioral Antitrust, Antitrust Source, April 2013
• Introduction, to transcript of "Competition Policy in Health Care in an Era of Reform," 7 Indiana Health L. Rev. 225 (2010)
• Using All Available Information, 25 Rev. Litig. 501 (2006)

Book Reviews

• A Global Collection, reviewing Sokol & Iannos, Global Antitrust Law and Economics, Minnesota Law Review Headnotes (2013)
• Max Huffman, Gen Next Antitrust?, Review of Daniel Crane, The Institutional Structure of Antitrust Enforcement, Sept. 19, 2011, Antitrust & Comp. Pol'y Blog.
• Judge Painter's Forty Rules, 72 U. Cin. L. Rev. 1011 (2004)
• Book Review, Jonathan W. Singer, Broken Trusts: The Texas Attorney General Versus the Oil Industry, 1889-1909, 15 Western Legal History 215 (2002)
• Book Review, Mark Scherer, Imperfect Victories: The Legal Tenacity of the Omaha Tribe, 1945-1995, 13 Western Legal History 270 (2001)

Other Publications

• Brief of Amici Curiae Legal Scholars, British American Tobacco Holdings Ltd. v. United States, S. Ct. No. 09-980 (2010)
• Brief of Amici Curiae Legal Scholars in Bell Atlantic Corp. v. Twombly, S. Ct. No. 05-1126 (Aug. 2006)

Electronic Publications/Products

• Note on FTC v. Phoebe Putney Health Systems, e-Competitions Online Bulletin, April 2013 (with Evan Bartel)
• Max Huffman, New Lessons for Pleading the FTAIA, Nov. 2011 Competition Policy International Antitrust Chronicle 1.
• Online Book Review: The Institutional Structure of Antitrust Enforcement (Daniel Crane)
• Will Congress Overrule Leegin?, in eCCP Global Competition Policy Update (Nov. 23, 2007)
• Case Note: Bell Atlantic v. Twombly, in eCCP Global Competition Policy Update (May 31, 2007)

Work in Progress

• Devils, Scripture, and Antitrust, presentation at the Loyola University Chicago Consumer Antitrust Colloquium, April 2015
• Historical Perspectives on Antitrust Extraterritoriality, in Extraterritoriality in American Law, Southwestern Law Review Symposium, Los Angeles, California, Nov. 2010
• Lessons from New Economics for Old Antitrust, presentation at the Next Generation of Antitrust Scholars Conference (Jan. 2010).
• Revisiting Rescission, presentation to the Washington University in St. Louis Junior Scholars' Workshop (forthcoming December 2009)
• Revisiting Rescission, abstract presentation at the Univ. of Illinois Junior Scholars' Workshop

Presentations

• "The Sharing Economy and the Sherman Act," presentation at the Organization for Economic Cooperation and Development Competition Best Practices Roundtable, Paris, France
• The Sharing Economy Meets the Sherman Act: Is Uber a Firm, a Cartel, or Something In Between?, at IU McKinney School of Law Faculty Colloquium Series (2017)
• Devils, Scripture, and Antitrust, presentation at the Loyola University Chicago Consumer Antitrust Colloquium, April 2015
• "Worlds in Collision: Antitrust Review of Bankruptcy Asset Sales," University of Maryland Frances King Carey School of Law, Junior Faculty Exchange Program
• "Behavioral Exploitation Antitrust in Consumer Subprime Mortgage Lending," Loyola University-Chicago School of Law Symposium
• Intensive Feedback Session: Theorizing a Crisis Prevention Role for Antitrust, IU Robert H. McKinney School of Law, February 2012.
• Symposium Contribution: Theorizing a Crisis Prevention Role for Antitrust, in "The Continuing Effects of the Mortgage Crisis on Consumers," Loyola Consumer Law Review Symposium, Feb. 24, 2012.
• Seminar at the Tilburg Law and Economics Center, Tilburg, Netherlands, on "Behavioral Exploitation and Antitrust"
• Lecture on "Behavioral Exploitation and Antitrust" at the University of Heidelberg, Heidelberg, Germany
• Workshop on "Antitrust in Bankruptcy," University of Toledo College of Law, Toledo, Ohio
• Workshop, "Antitrust in Bankruptcy," IU School of Law - Indianapolis
• Historical Perspectives on Antitrust Extraterritoriality, in Extraterritoriality in American Law, Southwestern Law Review Symposium, Los Angeles, California, Nov. 2010
• A Patent Policy Approach to Hatch-Waxman Gaming, with Prof. Emily Morris, IU School of Law -- Indianapolis Fall CLE Program, Oct. 2010
• Behavioral Exploitation and Antitrust, Loyola University-Chicago School of Law, Center for Consumer Antitrust Studies Annual Colloqiuim, Chicago, Illinois, May 2010
• A Patent Policy Approach to Hatch-Waxman Gaming, with Prof. Emily Morris, Association for Law, Property and Society Annual Meeting, Georgetown University, Washington, D.C., March 2010
• Lessons from New Economics for Old Antitrust, presentation at the Next Generation of Antitrust Scholars Conference (Jan. 2010).
• Revisiting Rescission, presentation to the Washington University in St. Louis Junior Scholars' Workshop (forthcoming December 2009)
• Bridging the Divide? Theories for Integrating Competition Law and Consumer Protection, presentation to the law faculty of the University of Idaho College of Law, Moscow, Idaho, Dec. 2009
• Competition Law and Consumer Protection, presentation at the Fourth Antitrust Marathon, Dublin, Ireland, published in 6 European Competition Journal 7 (2010)
• Iqbal, Twombly and the Expected Cost of False Positive Error, presentation at the IU School of Law -- Indianapolis Faculty colloquium series
• Revisiting Rescission, abstract presentation at the Univ. of Illinois Junior Scholars' Workshop
• Revisiting Rescission, presentation at the IU School of Law -- Indianapolis faculty colloquium series
• Pleading Sherman One, presentation at the West Virginia University College of Law faculty colloquium series
• Twombly and the Antitrust Conspiracy Claim, presentation at the University of Cincinnati College of Law fall colloquium series
• Defining the Empagran Exception, presentation at the University of Cincinnati College of Law fall colloquium series

Other Activities

• Co-signer, amicus curiae brief for bankruptcy scholars, In re Tousa, Inc., No. 11-11071 (11th Cir., filed May 2011)
• Organizer and participant, "Competition Policy in Health Care in an Era of Reform," Introduction and Transcript of proceedings forthcoming in the Indiana Health Law Review
• Organizer and participant, American Needle v. NFL: A Debate
• Commenter on paper by Prof. Josh Davis, Loyola Univ-Chicago Consumer Antitrust Colloquium (May 1, 2009)