Joseph V. Coniglio
Director, Antitrust and Innovation Policy
Information Technology and Innovation Foundation
Email: [email protected]
Twitter: @JosephVConiglio
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
It’s Time for Pro-Innovation, Atlanticist European Leadership
The EU is at a strategic crossroads when it comes to techno-economic policy. As the new Commission and Parliament take office, they must choose between fidelity to the transatlantic alliance and “strategic independence,” as well as between maintaining regulatory hostility toward large tech companies and unleashing innovation in Europe.
Comments for the California Law Review Commission Study of Antitrust Law Regarding Innovation and Mergers
While ITIF applauds the Commission for its efforts to evaluate the adequacy of California’s competition laws and consider possible changes, this comment highlights concerns with both the Technology Platform and Mergers and Acquisitions Reports, specifically regarding their respective legal and economic findings from the standpoint of promoting innovation.
Comments to Kenya’s Competition Authority Regarding the Draft Competition (Amendment) Bill, 2024
Proposed changes to Kenya’s competition regime will hinder, not help its digital economy. Rather than impose substantial changes based on the false premise that digital markets require special treatment, Kenya should use existing enforcement tools to police its growing digital markets.
A Techno-Economic Agenda for the Next Administration
The next administration needs to place innovation, productivity, and competitiveness at the core of its economic policy. To that end, this report offers a comprehensive techno-economic agenda with 82 actionable policy recommendations.
Comments Before the Turkish Competition Authority Regarding Act No. 4054 on the Protection of Competition
Ex-ante regulation is not only unnecessary in view of Turkey’s growing digital markets, but likely to chill the very innovation it seeks to promote. Through a number of per se bans for behavior that is very often pro-competitive, consumers will be harmed—a fact that is already happening in Europe with its own DMA.
Is Meta Really a Monopoly? Debunking the FTC’s Market Definition Metaphysics
The FTC’s case against Meta seems to resort to quite medieval methods in trying to show, contrary to reality, that Meta has monopoly power under current legal standards.
Comments to the Indian Ministry of Corporate Affairs Regarding Digital Competition Law
Rather than allow India’s dynamic high-tech and startup ecosystem to continue to flourish, the Draft Digital Competition Bill follows the path of overbearing competition policy taken by the EU, which lacks any leading digital firms. India should instead privilege the U.S. model of markets and dynamism.
Comments for the California Law Review Commission Study of Antitrust Law Regarding Single-Firm Conduct and Concentration
While ITIF applauds the Commission for its efforts to evaluate the adequacy of California’s competition laws and consider possible changes, this comment highlights concerns with both the single-firm and concentration reports, and specifically regarding their respective legal and economic findings.
“Khanservatives” Are Wrong About Big Tech
Instead of making a Faustian bargain with neo-Brandeisians, conservatives must come to grips with what the neo-Brandeisian movement really is: a revolutionary assault on corporate America operating under the guise of “protecting democracy.”
Forbidden Fruit: DOJ Bites Apple in the Walled Garden
The Justice Department’s antitrust suit against Apple risks committing the sin of turning antitrust enforcement into de facto regulation by putting forward flawed theories of exclusionary conduct. Courts should ensure that American consumers remain able to enjoy the mobile Eden that Apple has created.
Comments to the European Commission’s Directorate General for Competition on Virtual Worlds and Generative AI
The market for AR/VR technologies, though nascent, presents a multifaceted competitive landscape spanning hardware, software, and distribution. And the generative AI market is experiencing early-stage growth with no significant entry barriers evident, particularly concerning data, computational resources, and talent.
Comments to the Parliament of Canada Regarding Proposed Amendments to Canadian Competition Law
The Canadian government must ensure that policy, legislative and regulatory approaches support competition and innovation as much as possible. Unfortunately, Bills C-56 and C-59 promise to do exactly the opposite.
Recent Events and Presentations
The Brussels Effect: Digital Market Regulation in East Asia
Join us for a lively 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.