Publications: Joseph V. Coniglio

By foreclosing Apple from charging a commission for linked transactions, the district court inexplicably decided to prohibit Apple from engaging in unilateral pricing conduct that was not—and cannot be—found to violate the antitrust laws.

Although the Draft Guidelines provide guidance for stakeholders as to how the Act will be enforced, they do not adequately ensure that harms to mobile innovation and Japanese consumers will be minimized.

While the ultimate ruling by Judge Boasberg remains uncertain, the tea leaves do seem to point to yet another defeat for the FTC against Meta.

While targeted rules and regulations which address real market failures and improve the status quo can be defensible, there are many that do not benefit competition or consumers and should likely be rescinded.

While targeted rules and regulations which address real market failures and improve the status quo can be defensible, there are many that do not benefit competition or consumers and should likely be rescinded.

The district court’s Order substantially risks disrupting the iOS ecosystem by sua sponte preventing Apple from exercising its right to charge what it wishes for the use of its platform. That is not behavior that was found to violate California’s UCL and for good reason: above cost pricing is per se lawful and an essential part of the market system upon which the antitrust laws are premised.

Obsessions with “Big Business” and “Tryanny.com” appear to have trumped not just fashioning legally sound antitrust relief, but winning the United States’ geopolitical competition with China.

Joseph Coniglio joined host Cristiano Lima-Strong and fellow expert Karina Montoya on The Sunday Show podcast from Tech Policy Press to analyze the remedies phase of the Google search antitrust trial.

The ruling against Google in the ad tech case has been heralded as a straightforward effort to hold Big Tech accountable. But in reality, the mixed decision is a regrettable misstep that rests on shaky legal foundations and risks severe knock-on consequences for innovation.

The prevailing left and right populisms—neo-Brandeisian and national conservatism—do not present desirable models for grounding the next generation of U.S. antitrust law and share important key flaws.