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
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the status quo can be defensible, there are many that do not benefit competition or consumers and should likely be rescinded.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the status quo can be defensible, there are many that do not benefit competition or consumers and should likely be rescinded.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 Regarding Epic Games v. Apple on Appeal From the US District Court for the Northern District of California
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.
Podcast: Taking Stock of the Google Search Remedies Trial, Featuring Joseph Coniglio
Joseph Coniglio joined host Cristiano Lima-Strong and fellow expert Karina Montoya on The Sunday Show podcast from Tech Policy Press to analyze the remedies phase of the Google search antitrust trial.
Ad Tech Decision Against Google Rests on Shaky Legal Reasoning
The ruling against Google in the ad tech case has been heralded as a straightforward effort to hold Big Tech accountable. But in reality, the mixed decision is a regrettable misstep that rests on shaky legal foundations and risks severe knock-on consequences for innovation.
A Tale of Two Populisms: Deconstructing the Neo-Brandeisian and National Conservative Models of Antitrust Law and Political Economy
The prevailing left and right populisms—neo-Brandeisian and national conservatism—do not present desirable models for grounding the next generation of U.S. antitrust law and share important key flaws.
Antitrust and AI: Key Takeaways From My Congressional Testimony
How I learned to stop worrying and love the AI revolution.
Testimony Before the House Judiciary Committee Regarding Artificial Intelligence Trends in Innovation and Competition
AI provides no reason at this time for either heavy-handed enforcement of our antitrust laws or fundamental changes to them. The right approach is to maintain antitrust law’s traditional focus on promoting competition and innovation by proscribing collusive and exclusionary anticompetitive conduct.
A Policymaker’s Guide to Digital Antitrust Regulation
Rather than adopt the European Union’s model for regulating competition, policymakers considering how to govern digital markets should carefully evaluate whether digital antitrust regulation is justified and consider whether concerns about anticompetitive behavior can be addressed with less intrusive and more cost-effective tools.
Comments to the Australian Treasury Regarding Proposal of a New Digital Competition Regime
By deciding not to pursue digital competition regulation, Australia can avoid the problems that are already materializing as a result of ex-ante regimes like the EU’s DMA.
The Merger Guidelines Memoranda: An Opening Blunder by the Trump Administration
The possibility of a new bipartisan consensus based on the Biden administration’s failed merger policies should concern Senate Republicans.
Recent Events and Presentations
FTC v. Meta: Takeways from A Landmark Trial
Please join ITIF for a virtual panel with top experts who will discuss 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.”
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.
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.