Publications: Joseph V. Coniglio

Despite Magnifica Humanitas’s discussion of AI and economic power, today’s AI market remains highly competitive, and policymakers should be cautious about using monopoly fears to justify heavy-handed regulation.

The survival of the Federal Trade Commission’s specious consumer protection claims against Uber over the rideshare company’s popular subscription service perpetuates yet another flawed lawsuit against Big Tech.

While ITIF applauds the Department of Justice and the Federal Trade Commission’s steps toward creating a better HSR form, it remains concerned about several means of expanding the scope of HSR review that would result in costs that far outweigh any benefits.

While ITIF does not support the Biden administration’s decision to withdraw and not replace the 2000 Guidelines, now, a quarter century after their issuance, it is long past time for renewed competitor collaboration guidelines.

Joseph V. Coniglio hosts two guests, Tim Muris, Foundation Professor of Law at Antonin Scalia Law School, and Bruce Kobayashi, Paige V. and Henry N. Butler Chair in Law and Economics at Antonin Scalia Law School, to discuss the Robinson-Patman Act and its renewed enforcement.

As the Commission continues to put forward specific measures that gatekeepers must comply with under the DMA, it is imperative that it avoid unduly chilling innovation and harming European consumers, including through reduced digital privacy and security.

ITIF submits that the Commission’s proposed measures go well beyond what should be necessary for Google to comply with the DMA and will harm consumers and chill innovation in search.

It is easy to be frustrated with the Chinese government and its use of merger and acquisition controls to limit the competitive advantage of American tech firms. But many policymakers in the West have enabled China’s success by weaponizing antitrust and competition laws to kill pro-competitive deals by Big Tech firms.

To the extent intervention is deemed necessary, ITIF respectfully urges the Competition and Markets Authority to avoid following the EU DMA’s path of heavy-handed regulation when it comes to potential steering measures in the app store space and instead look to other jurisdictions, like Japan, that have taken a more tailored and flexible approach.

Joseph V. Coniglio joins guest Jonathan Barnett, Torrey H. Webb Professor of Law at the USC Gould School of Law, at the 2026 Antitrust Spring Meeting. They discuss Barnett’s new ITIF report, Europe’s innovation gap, and China’s mercantilist use of competition law.