Publications: Joseph V. Coniglio

While the Draft Guidelines generally and correctly focus on condemning only behavior that results in anticompetitive effects, in several specific respects they could be fine-tuned to provide for greater administrability and better limit false positives so as to ensure that innovation and competition flourish in Canada.

The Korea Fair Trade Commission's past enforcement against U.S. technology firms justifies concerns that the proposed Fairness Act will reflect de facto discrimination against American commerce.

Join Joseph Coniglio, director of ITIF’s Schumpeter Project on Competition Policy, as he inaugurates Creative Discussion: An Antitrust Podcast by engaging in an in-depth discussion with Herb Hovenkamp, James G. Dinan Professor at the University of Pennsylvania Law School. Dubbed the “Dean of Antitrust” by The New York Times, Hovenkamp shares his career journey, insights on his influential Areeda-Hovenkamp Treatise, and perspectives on significant antitrust issues such as the consumer welfare standard and current antitrust litigation targeting Big Tech.

The ACCC should accept Epic and Google’s application to settle their longstanding antitrust litigation, and Australia need not be concerned that the flawed catalog-sharing remedy in the United States is not a part of it.

While it is true that state antitrust regimes may go beyond the scope of federal antitrust law, that does not justify the radical departure from the Sherman Act contemplated by the Recommendation in terms of the principles, standards, and rules that should define sound antitrust enforcement at all levels of government.

If the year ahead in technology and innovation policy lives up to its potential, it could be a consequential one because there is a long list of important issues on the table. Herein, we offer 10 that are on top of our minds.

The EU’s latest antitrust investigation against Google misreads competitive AI markets, risks politicized enforcement, and could heighten transatlantic tensions amid intensifying U.S.–China technological rivalry.

This was likely the inevitable outcome of a highly flawed case that one didn’t need to consult the Delphic Oracle to realize was a loser from the start.

Unfortunately, however complementary the objectives of protecting consumer privacy and promoting competition may be at a high level, complying with several key DMA prohibitions will undermine—not enhance—the privacy goals of the GDPR.

The dominance of antitrust’s old order on the right is probably over, and the battle for the soul of a conservative or “America First” antitrust has begun.