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Aurelien Portuese


Co-Director, Schumpeter Project on Competition Policy

Email: [email protected]

Twitter: @aurelienportues

Aurelien Portuese is co-director of the Schumpeter Project on Competition Policy, which advances 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, U.S.), 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 2022 by Oxford University Press.

More about Aurelien Portuese:

Recent Publications

October 12, 2022

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.

October 3, 2022

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.

September 19, 2022

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.

August 24, 2022

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.

August 17, 2022

FTC Announcement on “Commercial Surveillance” Highlights the Need for Federal Data Privacy Legislation

Not only is FTC’s rulemaking announcement an unnecessary distraction from legislative efforts, but it is a questionable power grab overstretching its statutory authority that will ultimately come at the expense of consumers.

August 10, 2022

A Tribute to FTC Commissioner Noah Phillips

During his four years of service, Commissioner Phillips proved himself to be a tremendously kind and knowledgeable person, making extraordinary contributions to the FTC’s work.

July 29, 2022

The Road to Antitrust’s Least Glorious Hour

There is pressure to pass the American Innovation and Choice Online Act (AICOA) before the August recess. But either way, some of the damage from AICOA may already be done. The bill has moved the antitrust dialogue that will harm innovation and consumers.

July 29, 2022

Don’t Be Afraid of the Metaverse

The European Commission’s vigilance in monitoring large digital operators reveals an unfortunate distrust toward technology.

July 13, 2022

Digital France: Rise and Fall

Attempts to achieve grandeur lead French politicians to flirt with decadence—and to revive the Gaullist tradition of alleged neutrality between, on the one hand, the United States, and on the other hand its main rival—yesterday, the Soviet Union, and today, China.

June 21, 2022

The Revised (But Uncorrected) Version of the Klobuchar Bill

The revised version of the Klobuchar bill (S.2992), aimed at prohibiting a few large tech companies from self-preferencing their services and forcing them to grant their rivals access to vital proprietary assets, fails to correct the critical deficiencies of the bill’s original version. This report provides a legal analysis of the new, yet uncorrected, pitfalls of the Klobuchar bill.

June 12, 2022

The Digital Markets Act: The Path to Overregulation

European regulation is on a collision course with innovation, and looms in the hazards of overregulation.

May 26, 2022

How an Antitrust Bill May Harm Consumers: The AICOA Bill Illustrated

It is time for members of Congress to reflect on the numerous unintended consequences of the AICOA bill, or else the passing of this bill will weaponize antitrust laws at the expense of innovation and consumer welfare.

More publications by Aurelien Portuese

Recent Events and Presentations

November 11, 2022

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."

November 3, 2022

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."

October 6, 2022

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.

September 22, 2022

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.

August 10, 2022

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.

June 3, 2022

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.

April 1, 2022

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.

March 24, 2022

Precautionary Antitrust: Competition Without Innovation

Dr. Aurelien Portuese delivered a guest lecture for Judge Douglas Ginsburg’s course on antitrust at George Mason University.

March 21, 2022

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.

February 28, 2022

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?

February 24, 2022

Book Launch: “Algorithmic Antitrust”

Marking the release of the new book “Algorithmic Antitrust,” ITIF’s Portuese moderated as the authors discussed their respective essays and debated how companies compete through algorithms and what it means for competition agencies.

December 14, 2021

Dynamic Antitrust Discussion Series: “Innovation”

Join ITIF for the twelfth 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. Join us to discuss the interaction between antitrust and innovation with Professor Thomas Lambert and ITIF's Julie Carlson.

More Events & Presentations by Aurelien Portuese

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