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Joseph V. Coniglio

Joseph V. Coniglio

Director, Antitrust and Innovation Policy

Information Technology and Innovation Foundation

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.

Recent Publications

April 4, 2024

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.

March 8, 2024

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.

February 23, 2024

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.

February 15, 2024

Amazon and iRobot: A Case Study in How Not to Enforce Antitrust Laws

The story of Amazon’s abandoned plans to acquire the home service robotics company iRobot should serve as a stark warning of the dangers posed by the ongoing antitrust war against American technology companies, both at home and abroad.

January 22, 2024

Comments to the UK Parliament Regarding the Digital Markets, Competition and Consumers Bill

Instead of enforcing existing competition laws and investing in its digital industries to promote innovation and healthy dynamic competition in the United Kingdom, the Digital Markets, Competition and Consumers Bill offers an overly broad and likely harmful solution to unproven problems.

January 18, 2024

Comments to Australia’s Competition Review Taskforce Regarding Merger Reform

As the global calls for antitrust reform continue to multiply, a sober look at the United States’ experience calls for a healthy skepticism in response to the hysteria in some corners about a systemic failure of merger enforcement.

December 20, 2023

FTC v. Amazon: A Closer Look at Pricing for the Holiday Season

The FTC’s many confusions obscure the fact that Amazon is giving consumers low prices.

November 22, 2023

The Neo-Brandeisian Merger Paradox: A Return to Double Standards

Courts and policymakers must be wary of antitrust agencies seeking to return to the failed double standard approach to merger enforcement that they once enjoyed.

October 20, 2023

Antitrust as Racial Equity: Is a Neo-Brandeisian “Second Wave” on the Way?

To treat racial equity as a goal of antitrust would constitute a profound error that would harm the American economy as a whole in which we all have a stake.

October 11, 2023

Who Wants to Know? Confidentiality and Transparency in the “Big Tech” Cases

DOJ v. Google and FTC v. Amazon have raised issues about a supposed lack of public access to information and limited transparency.

October 3, 2023

FTC vs. Amazon: The Beginning of the End for the Neo-Brandeisians?

The FTC’s complaint against Amazon has several difficulties that not only doom its case but also the prospects of the broader neo-Brandeisian antitrust reform movement.

September 27, 2023

Comments to the FTC and DOJ Regarding Premerger Notification Reporting and Waiting Period Requirements

The proposal to use a 10-year time frame that does not exempt acquisitions of entities with annual net sales or total assets over $10 million is not only vitiated by an ill-founded concern about underenforcement of killer acquisitions in fast-moving technology markets, but would place additional burdens on parties complying with the HSR Act that are not justified by their informational value to agencies.

More publications by Joseph V. Coniglio

Recent Events and Presentations

May 1, 2024

US v. Apple: Whither The Limits of Antitrust?

Please join ITIF for an expert panel discussion about the merits and implications of the DOJ’s lawsuit against Apple.

January 31, 2024

The DOJ-FTC 2023 Merger Guidelines: Evolution or Revolution?

Watch now to learn more about the ongoing efforts to reform U.S. antitrust law.

December 13, 2023

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.

October 17, 2023

Assessing the FTC’s Complaint Against Amazon

Watch this expert discussion about the merits and implications of the FTC’s landmark challenge to Amazon.

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