Joseph V. Coniglio
Joseph V. Coniglio is the director of antitrust and innovation, leading ITIF’s Schumpeter Project on Competition Policy. His work encompasses all aspects of antitrust and innovation policy, with a focus on digital platforms, monopolization policy, and dynamic competition. Joseph is widely regarded as a top antitrust and tech policy expert, having testified before Congress on antitrust and artificial intelligence, and has appeared and been quoted in leading media like CBS, the Washington Post, the Wall Street Journal, Reuters, and more. He has published numerous articles addressing contemporary issues in antitrust law, competition policy, and political economy, including a paper co-authored with former FTC Chairman Timothy J. Muris titled "What Brooke Group Joined Let None Put Asunder: The Need for the Price-Cost and Recoupment Prongs in Analyzing Digital Predation" for the Global Antitrust Institute's Report for the Digital Economy.
Joseph previously worked as an associate at the law firms Sidley Austin and Wilson Sonsini Goodrich & Rosati, where he specialized in civil non-merger investigations and counseling for large technology and financial services companies. He also advised clients on issues involving the intersection of antitrust and intellectual property, including a brief before the Ninth Circuit in FTC v. Qualcomm. Prior to that, Joseph worked as a legal intern at both the FTC and FCC, as well as a paralegal specialist in Technology and Digital Platforms Section of the DOJ's Antitrust Division. Joseph received his J.D. from Georgetown University Law Center and his B.A. in economics and philosophy from Vassar College.
Research Areas
Recent Publications
Comments to the European Commission Regarding Mergers Regulation
The focus of the guidelines is to help assess whether a merger would significantly impede effective competition or create or strengthen a dominant position. Unfortunately, this structural understanding of competition differs from a conception of competition as either a dynamic process or a consumer welfare proscription, both of which are far better suited to having a productive and growing economy.
Written Testimony to the House Judiciary Committee Regarding Europe’s Threat to Speech and Innovation
EU regulatory regimes discriminate against leading U.S. tech firms, chill innovation and the liberties that underlie a culture of freedom, encourage copycat regulations around the world, and undermine the West’s competitiveness against China.
Amicus Brief to the US Court of Appeals for the Ninth Circuit in Support of the Appellant in Epic Games v. Google
Rehearing is not only permissible but warranted in this exceptionally important case. It is necessary to reconcile this Court’s antitrust rulings on the robust nature of competition in the highly dynamic mobile gaming space.
Comments to the UK Competition and Markets Authority Regarding Its Strategic Market Status Investigation Into Google’s Mobile Platform
ITIF disagrees with the Competition and Markets Authority's provisional findings that Google's mobile platform has Strategic Market Status and that there are high barriers to entry and expansion.
Comments to the UK Competition and Markets Authority Regarding Its Strategic Market Status Investigation Into Apple’s Mobile Platform
ITIF does not agree with the Competition and Markets Authority's provisional findings that Apple's mobile platform has Strategic Market Status and that there are high barriers to entry and expansion.
Amicus Brief to the US Court of Appeals for the Ninth Circuit in Support of the Appellant in Epic Games v. Apple
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.
Comments to Japan’s Fair Trade Commission Regarding Draft Guidelines for the Mobile Software Competition Economy Act
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.
The FTC v. Meta Trial Ends: Why the Government’s Case Is Doomed
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.
Comments to the Justice Department’s Antitrust Division Regarding Anticompetitive Regulations
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.
Comments to the FTC Regarding Anticompetitive Regulations
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.
Amicus Brief to the US Court of Appeals for the Ninth Circuit in Support of the Appellant’s Motion for a Stay in Epic Games v. Apple
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.
The DOJ’s Problematic Remedies Proposal in the Google Ad Tech Case
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.
Recent Events and Presentations
DOJ v. Google: The Remedies Decision and the Future of Search
Please join ITIF’s Schumpeter Project on Competition Policy for a virtual panel with top experts who will discuss the landmark Google Search decision, its implications for the future of search, and what it means for Google as its antitrust battles with the DOJ continue.
Artificial Intelligence and Antitrust
Joseph Coniglio speaks about antitrust and artificial intelligence at the Antitrust Midwest Conference hosted by Informa Connect.
United States v. Google: Assessing Potential Remedies and Impacts
Joseph V. Coniglio speaks about remedies in the DOJ v. Google search antitrust case at a panel hosted by the D.C. Bar.
Economic Liberty and Human Flourishing: Lessons from the Common Law
Joseph V. Coniglio speaks on the longstanding debate over whether liberty in commerce enhances or undermines broader human flourishing.
FTC v. Meta: Takeaways From a Landmark Trial
Watch this virtual panel with top experts who discussed this important decision, its implications for the social media landscape, and what it means for Meta as the Trump administration continues its antitrust crusade against “Big Tech.”
How the EU’s Digital Markets Act Could Undermine Security across Mobile Operating Systems
Joseph Coniglio speaks about the Digital Markets Act and cybersecurity at a panel hosted by the European Centre for International Political Economy.
The DOJ v. Google Ad Tech Decision: Did the Court Get It Right?
Watch this virtual webinar featuring experts who discussed this important decision, its implications for the ad tech space, and what it means for Google as its antitrust battles with the DOJ escalate.
The DOJ v. Google Saga Continues: What’s at Stake in the Search Remedies Trial?
Watch now for a virtual panel with top experts who will discussed the key issues going to trial, the implications for Google and the future of search, and what the case means for U.S. antitrust law and the broader “big tech” debate.
Competition Policy in the Trump Administration: The Future of Conservative Antitrust and the FTC
Watch the webinar event where panlists discussed how antitrust enforcement might change with the new administration, whether the Trump enforcers will carry forward any of the neo-Brandeisian policies, and what the future may have in store for the FTC.
US v. Google (Again): A Post-Trial Analysis of the Ad Tech Case
Watch now for a virtual panel discussion with experts exploring the merits and implications of the DOJ v. Google ad tech case.
The Brussels Effect: Digital Market Regulation in East Asia
Watch now for an event hosted by ITIF's Schumpeter Project on Competition Policy, featuring leading antitrust experts from Taiwan, Japan, Korea, and the United States.
Can India Regulate Its Digital Boom Without Stifling Innovation?
Watch now for a timely panel discussion featuring leading antitrust lawyers from India and the United States.