Aurelien Portuese
Dr. Aurelien Portuese is the director of the Schumpeter Project on Competition Policy, which promotes a dynamic framework for competition policy in which innovation is the primary concern for antitrust enforcement, rather than a secondary one.
Aurelien Portuese is also an adjunct law professor at the Global Antitrust Institute at George Mason University. As an expert in U.S. and EU antitrust law and economics, Portuese has substantial academic experience, having taught in the U.S., the United Kingdom, and France.
Portuese holds a Ph.D. in competition law and economics from the University of Paris II (Sorbonne), an MSc in Political Economy from the London School of Economics, a Master’s degree from Sciences Po Paris, and an LL.M. in Law and Economics from the Universities of Hamburg, Gent, and Bologna.
Portuese regularly speaks at conferences. His most recent book, “Algorithmic Antitrust,” was published by Springer Books in 2022.
More about Aurelien Portuese: aurelienportuese.com
Recent Publications
App Store Implementation of the Digital Markets Act Exemplifies Law’s Uncertain Future
The Digital Markets Act (DMA) fails to clearly explain how it will affect different types of mobile ecosystems. The European Commission's recent workshop to examine the DMA’s requirements for alternate app distribution and interoperability provided neither regulatory clarity nor addressed economic concerns related to its unintended consequences.
Platforms Are the New Organizational Paradigm
Just as there was opposition to the corporate economy in the early 1900s, there is opposition to the platform economy today. But limiting “platformization” would have considerable long-lasting economic costs for the nation and consumers.
The Digital Coase Theorem and the News
In Competition Policy International, Aurelien Portuese writes on digital news aggregators and why the traditional approach favors inefficiency and stifles innovation.
Comments to the Minister of Innovation, Science and Industry of Canada Regarding the Future of Competition Policy
The regulatory onslaught from Europe will not transpose well in Canada because of the latter’s idiosyncratic circumstances: a smaller market, fewer innovation capabilities, and a more commercially avoidable market.
Let’s Unite for US Tech Leadership, Mr. President
President Biden has accused leading U.S. tech companies of destroying privacy, spreading harmful content, and hurting competition. Not only are these alleged abuses vastly overblown, but the regulatory solutions he appears to endorse would do more harm than good.
Will Antitrust Undermine the Future of Gaming?
If the FTC is concerned that games like “Call of Duty” may be removed from competing platforms, then the solution is simple: It could settle with Microsoft, requiring the company to make this content available on other platforms.
An Antitrust Agenda for a Split Congress
This split Congress presents a real opportunity for antitrust reforms, which require bipartisanship to enable lasting changes that truly benefit the economy and consumers.
FTC Rulemaking for Online Marketplaces Would Be Déjà Vu All Over Again
In a collision course between consumers’ interests and enforcers’ interests, the forthcoming FTC rulemaking on online marketplaces cannot benefit them both.
Toward International Antitrust: Challenges and Opportunities
International mergers, international cartels, and multinationals engaging with customers across borders underscore the need for greater legal certainty when it comes to antitrust enforcement and policy.
The Process of Creative Destruction, Illustrated: The US Retail Industry
The process of “creative destruction,” whereby new technologies and business models displace old ones, is key to growth and innovation. The evolution of the retail industry illustrates why it is beneficial and sheds light on the pitfalls of current legislative and regulatory efforts to limit it.
Precautionary Antitrust: The Changing Nature of Competition Law
The Federal Trade Commission has announced rulemaking activity on unfair methods of competition, thereby signaling a shift from ex-post judicial enforcement toward ex-ante rules of competition. Such a shift illustrates a precautionary approach to competition matters.
The Digital Markets Act: A Triumph of Regulation Over Innovation
The Digital Markets Act presents three fundamental challenges as it nears adoption: First, it will increase regulatory fragmentation. Second, its disproportionate blanket obligations and prohibitions will be economically detrimental and legally controversial. Third, it will be difficult to implement, as some of its provisions clash with other European regulations.
Recent Events and Presentations
Strategic Autonomy and Europe’s Shattered Single Market
Aurelien Portuese and ECIPE discuss Europe’s single market fatigue and how it counteracts political ambitions for European strategic autonomy.
Epic V. Apple: A Discussion Amongst Amici
Aurelien Portuese speaks on a NYSBA panel discussing the recent Epic v. Apple appeal hearing and the potential impact that may stem from the case.
MCC Conference on Essential State Functions in Platform Regulation
Aurelien Portuese, co-director of the Schumpeter Project on Competition Policy, will speak on the panel, "Fundamental Questions and Challenges in Competition Law and Consumer Protection."
Berkeley Law AI Institute
Aurelien Portuese speaks on day four of the Berkeley Law AI Institute on the panel, "Global Competition for AI Supremacy and the Impact on Regulatory Schemes."
Fighting Back Against Antitrust Populism
Aurelien Portuese chairs an expert panel discussion as part of a Cato conference that brings together leading economists and policymakers to discuss the ascendant political threats of progressivism and national conservatism to the free economy.
The EU’s Digital Markets Act: A Triumph of Regulation Over Innovation?
Watch ITIF’s Schumpeter Project on Competition Policy's event for an expert panel discussion and presentation of a new report on the challenges ahead in implementing and enforcing the DMA.
Dynamic Antitrust Discussion Series: Commissioner Noah Phillips
In this conversation, Director of the Schumpeter Project on Competition Policy, Aurelien Portuese, sits down with Commissioner Noah Phillips of the Federal Trade Association to learn about his views on the current state of antitrust and competition policy and the state of capitalism in America.
Assessing the Neo-Brandeisian Revolution: Looking for Mr. Schumpeter?
Watch this expert discussion about how to integrate the Schumpeterian perspective into competition policy as an alternative to the Neo-Brandeisian movement agenda.
Dynamic Antitrust Discussion Series: “The Regulatory Revolution Against Mergers”
Please join ITIF for the latest in a series of discussions on “dynamic antitrust,” in which ITIF’s Schumpeter Project on Competition Policy hosts leading scholars and antitrust enforcers to discuss the path forward in making antitrust a foundation for innovation.
Precautionary Antitrust: Competition Without Innovation
Dr. Aurelien Portuese delivered a guest lecture for Judge Douglas Ginsburg’s course on antitrust at George Mason University.
Dynamic Antitrust Discussion Series: “The FTC Rulemaking Agenda—Dwindled Innovation Through Regulation?”
Please join ITIF for the latest in a series of discussions on “dynamic antitrust,” in which ITIF’s Schumpeter Project on Competition Policy hosts leading scholars and antitrust enforcers to discuss the path forward in making antitrust a foundation for innovation.
What Does the New Biden Antitrust Team Mean for Big Tech?
With new leadership at the Federal Trade Commission and a new antitrust chief at the Department of Justice, what does this mean for Big Tech?