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Publications: Joseph V. Coniglio

December 16, 2024

Crunch Time in DOJ v. Google: An Ad Tech Market Definition Cluster?

There are several reasons for thinking DOJ is on shaky ground in attempting to define three separate ad exchange, ad server, and ad network markets given the Supreme Court’s decision in Amex.

December 13, 2024

The Meta Antitrust Case: Trying Times Ahead for the FTC

While the FTC has lived to fight another day, the likelihood that it will overcome the hurdles implicated by Judge Boasberg’s summary judgment opinion is slim.

December 4, 2024

Amicus Brief to the US District Court for the Northern District of California Regarding Epic Games v. Google

Accepting Epic’s flawed arguments and imposing forced catalog-sharing and a technical committee to oversee Google’s business decisions risks condoning remedies that lack any causal connection to the violations found and are tantamount to central planning by courts—inhibiting the very innovation competition that the antitrust laws are designed to promote.

November 26, 2024

Remedies in DOJ v. Google (Part II): DOJ Crosses the Rubicon

DOJ has decided to use its very fortunate victory in court to effectively destroy Google by chopping off two of its core businesses and turning what’s left of the company into an almost de facto public utility.

November 7, 2024

Antitrust in a Second Trump Term: Six Challenges Facing the New Administration

The neo-Brandeisians’ attempted coup of the U.S. antitrust enterprise likely will soon prove to have been short-lived.

November 1, 2024

Comments to the European Commission Regarding Article 102 of the Treaty on the Functioning of the European Union

Unfortunately, new proposed guidelines for enforcing against abusive exclusionary conduct untether liability from likely harms to competition and consumer welfare.

October 28, 2024

Remedies in DOJ v. Google (Part I): Why a Breakup Is a Bad Idea

The DOJ's proposal to break up Google is unusual and would have disastrous consequences for consumers, innovation, and American competitiveness.

October 28, 2024

Breaking Up Google? So Much for a Whole-of-Government Approach to US AI Leadership

While the Biden administration champions the need for private sector innovation to drive U.S. leadership in artificial intelligence, its Justice Department wants to put one of America’s top innovators—Google—on the chopping block.

October 23, 2024

Much Ado About Nothing: FTC v. Amazon on Motion to Dismiss

While the Federal Trade Commission's case against Amazon has managed to survive a motion to dismiss, Judge Chun's epigonic opinion provides the agency no real cause for celebration.

October 2, 2024

The Draghi Report: Right Problem, Half-Right Solutions for Competition Policy

The Draghi Report is a monumental but imperfect step in the right direction to correct Europe’s failing competition policy and better drive European innovation and productivity growth.

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