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 has published several 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
Crunch Time in DOJ v. Google: An Ad Tech Market Definition Cluster?
There are several reasons for thinking DOJ is on shaky ground in attempting to define three separate ad exchange, ad server, and ad network markets given the Supreme Court’s decision in Amex.
The Meta Antitrust Case: Trying Times Ahead for the FTC
While the FTC has lived to fight another day, the likelihood that it will overcome the hurdles implicated by Judge Boasberg’s summary judgment opinion is slim.
Amicus Brief to the US District Court for the Northern District of California Regarding Epic Games v. Google
Accepting Epic’s flawed arguments and imposing forced catalog-sharing and a technical committee to oversee Google’s business decisions risks condoning remedies that lack any causal connection to the violations found and are tantamount to central planning by courts—inhibiting the very innovation competition that the antitrust laws are designed to promote.
Remedies in DOJ v. Google (Part II): DOJ Crosses the Rubicon
DOJ has decided to use its very fortunate victory in court to effectively destroy Google by chopping off two of its core businesses and turning what’s left of the company into an almost de facto public utility.
Antitrust in a Second Trump Term: Six Challenges Facing the New Administration
The neo-Brandeisians’ attempted coup of the U.S. antitrust enterprise likely will soon prove to have been short-lived.
Comments to the European Commission Regarding Article 102 of the Treaty on the Functioning of the European Union
Unfortunately, new proposed guidelines for enforcing against abusive exclusionary conduct untether liability from likely harms to competition and consumer welfare.
Remedies in DOJ v. Google (Part I): Why a Breakup Is a Bad Idea
The DOJ's proposal to break up Google is unusual and would have disastrous consequences for consumers, innovation, and American competitiveness.
Breaking Up Google? So Much for a Whole-of-Government Approach to US AI Leadership
While the Biden administration champions the need for private sector innovation to drive U.S. leadership in artificial intelligence, its Justice Department wants to put one of America’s top innovators—Google—on the chopping block.
Much Ado About Nothing: FTC v. Amazon on Motion to Dismiss
While the Federal Trade Commission's case against Amazon has managed to survive a motion to dismiss, Judge Chun's epigonic opinion provides the agency no real cause for celebration.
The Draghi Report: Right Problem, Half-Right Solutions for Competition Policy
The Draghi Report is a monumental but imperfect step in the right direction to correct Europe’s failing competition policy and better drive European innovation and productivity growth.
Google Antitrust Redux: The Ad Tech Case
The Department of Justice’s (DOJ) ad tech lawsuit is a frontal assault by the neo-Brandeisians on Google’s ad tech business model that faces several high hurdles in court.
Comments to Japan’s Fair Trade Commission Regarding the Smartphone Software Competition Promotion Act
The SSCP’s broad per se prohibitions and limited cybersecurity exemption are likely to chill the very innovative behavior that is key to allowing Japan’s smartphone markets to thrive, and risk targeting a leading firm of one of its closest allies.
Recent Events and Presentations
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.
US v. Apple: Whither The Limits of Antitrust?
Watch now for an expert panel discussion about the merits and implications of the DOJ’s lawsuit against Apple.
The DOJ-FTC 2023 Merger Guidelines: Evolution or Revolution?
Watch now to learn more about the ongoing efforts to reform U.S. antitrust law.
US v. Google: Implications of a Landmark Trial
Watch now for an expert panel discussion on the possible outcomes and implications of this landmark antitrust case.
Assessing the FTC’s Complaint Against Amazon
Watch this expert discussion about the merits and implications of the FTC’s landmark challenge to Amazon.