Aurelien Portuese

Aurelien Portuese
Director, Antitrust and Innovation Policy
Information Technology and Innovation Foundation

Aurelien Portuese is director of antitrust and innovation policy at ITIF. He leads ITIF’s Schumpeter Project on Competition Policy for the Innovation Economy, advancing a dynamic framework for competition policy in which innovation is a central concern for antitrust enforcement, not a secondary consideration. He is also an adjunct professor of law at the Global Antitrust Institute of George Mason University, and at the Catholic University of Paris.

As an expert in U.S. antitrust and EU competition law and economics, Portuese has published extensively on these issues and has presented his research at international conferences. With 10 years of university experience (UK, France, Belgium, US), his research encompasses U.S. and European perspectives on the regulation of competition.

A doctor in law from the University of Paris II (Sorbonne), Portuese has graduated from the London School of Economics, Sciences Po Paris, and from the University of Hamburg. He regularly speaks at conferences and seminars and regularly writes op-eds and academic articles. His book Antitrust Populism: Competition Policy in the Digital Era will be published in 2021 by Oxford University Press.

More about Aurelien Portuese: aurelienportuese.com

Recent Publications

September 15, 2021

The notion of market tipping in IoT confuses the first-mover advantage inherent to “market creation.” Absent market tipping, or with considerable qualifications, antitrust authorities should reconsider a hasty analysis concluding that IoT markets epitomize gatekeepers.

September 3, 2021

Looking for lower prices online? They may soon be harder to find. Blame it on the “Brussels effect”—the creeping influence of European-style regulation in the U.S. economy.

August 30, 2021

As Congress considers enacting anti-big-business antitrust reforms as part of the so-called “techlash,” many see China’s techlash as an additional justification for U.S. action. Yet, lawmakers should be careful what they wish for.

August 23, 2021

De facto, a non-retroactivity principle prevents antitrust agencies from unwinding consummated mergers: Given the FTC complaint’s weaknesses, it is unlikely that even an adventurous judge will frustrate the legitimate expectations market actors ought to have from regulators. The benefits for consumers would be illusory, but the legal uncertainty that would ensue is a certainty.

August 2, 2021

The goal of antitrust reform should be to advance a modern approach to competition policy that elevates innovation to become a central concern for antitrust enforcement.

July 21, 2021

Four out of five Americans say prescription drug prices are unreasonably high, according to a recent KFF survey—and people across the political spectrum say pharma profits are a major contributing factor.

July 12, 2021

Few would oppose the president’s stated goals of lowering prices, raising wages, and increasing convenience for Americans. But his executive order is not the way to achieve them.

June 29, 2021

The Europeanization of antitrust policy is overall a terrible idea, but it is nonetheless gaining traction, not just in New York and other states, but in Congress too.

June 14, 2021

It is time for antitrust policy to reject static models of market analysis and enforcement that rely too much on simplistic indicators such as firm size, industry structure, and prices. Regulators should instead adopt a dynamic approach that recognizes how market power can drive innovation—and how disruptive innovation keeps market power in check.

June 10, 2021

In a time of growing influence of China and its large internet companies, you may think that we urgently need the EU’s proposed 

May 24, 2021

The European Commission has set out to ensure digital markets are “fair and contestable.” But in a paradigm shift for antitrust enforcement, its proposal would impose special regulations on a narrowly defined set of “gatekeepers.” Contrary to its intent, this will deter innovation—and hold back small and medium-sized firms—to the detriment of the economy.

May 17, 2021

If companies ignore opportunities to improve consumer privacy, then antitrust regulators can claim that they are refusing to do so because they are abusing their market power. Yet if they continue to take steps to improve consumer privacy, antitrust regulators may start suggesting that their actions are unfair to their competitors.

Recent Events and Presentations

October 22, 2021

ITIF and Competition Policy International hosted the eighth in a series of discussions on “dynamic antitrust,” in which Aurelien Portuese, ITIF’s director of antitrust and innovation policy, sits down with leading scholars and antitrust enforcers in Washington, Brussels, and elsewhere to discuss the path forward in making antitrust a foundation for innovation.

June 30, 2021

ITIF hosted an expert panel discussion exploring the implications of GTIPA’s declaration of principles, and prospects for the vision to become a reality.

June 18, 2021

ITIF and Competition Policy International hosted the eighth in a series of discussions on “dynamic antitrust,” in which Aurelien Portuese, ITIF’s director of antitrust and innovation policy, sits down with leading scholars and antitrust enforcers in Washington, Brussels, and elsewhere to discuss the path forward in making antitrust a foundation for innovation.

June 15, 2021

Watch the launch of ITIF's Schumpeter Project on Competition Policy in the Innovation Economy. An expert panel will respond to the presentation of an important new ITIF report outlining a set of guiding principles for “dynamic antitrust.”

June 4, 2021

ITIF and Competition Policy International hosted the seventh in a series of discussions on “dynamic antitrust,” in which Aurelien Portuese, ITIF’s director of antitrust and innovation policy, sits down with leading scholars and antitrust enforcers in Washington, Brussels, and elsewhere to discuss the path forward in making antitrust a foundation for innovation.

May 25, 2021

ITIF hosted an expert panel discussion marking the release of a new report that provides a comprehensive analysis of the DMA and policy recommendations to address its flaws. This webinar will be the first of two ITIF events on the topic.

May 21, 2021

ITIF and Competition Policy International hosted the sixth in a series of discussions on “dynamic antitrust,” in which Aurelien Portuese, ITIF’s director of antitrust and innovation policy, sits down with leading scholars and antitrust enforcers in Washington, Brussels, and elsewhere to discuss the path forward in making antitrust a foundation for innovation. Portuese and Baker will debate the implications of the paradigm shift in antitrust policies that he and other advocates are calling for.

May 7, 2021

ITIF and Competition Policy International hosted the fifth in a series of discussions on “dynamic antitrust,” in which Aurelien Portuese, ITIF’s director of antitrust and innovation policy, sits down with leading scholars and antitrust enforcers in Washington, Brussels, and elsewhere to discuss the path forward in making antitrust a foundation for innovation.

April 23, 2021

ITIF and Competition Policy International hosted the fourth in a series of discussions on “dynamic antitrust,” in which Aurelien Portuese, ITIF’s director of antitrust and innovation policy, sits down with leading scholars and antitrust enforcers in Washington, Brussels, and elsewhere to discuss the path forward in making antitrust a foundation for innovation.

April 9, 2021

ITIF and Competition Policy International hosted the third in a series of discussions on “dynamic antitrust,” in which Aurelien Portuese, ITIF’s director of antitrust and innovation policy, sits down with leading scholars and antitrust enforcers in Washington, Brussels, and elsewhere to discuss the path forward in making antitrust a foundation for innovation.

March 26, 2021

ITIF and Competition Policy International hosted the second in a series of discussions on “dynamic antitrust,” in which Aurelien Portuese, ITIF’s director of antitrust and innovation policy, sits down with leading scholars and antitrust enforcers in Washington, Brussels, and elsewhere to discuss the path forward in making antitrust a foundation for innovation.

March 18, 2021

Aurelien Portuese presented his analysis of the proposed Digital Markets Act (DMA) issued by the European Commission in December 2020.