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
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.
Comments for the Australian Competition and Consumer Commission Regarding Digital Platform Services
The ACCC should consider digital models beyond the EU's Digital Markets Act and Digital Services Act, such as those of the United States, Singapore, and Taiwan, which do not involve heavy-handed digital regulations that can stifle the very innovation Australia seeks to foster.
Comments for the California Law Revision Commission Study of Antitrust Law Regarding Consumer Welfare Standard, Concerted Action, and Other Issues
There is no need to expand California’s antitrust regime, as changes should be grounded in empirically demonstrable failures by the status quo to protect competition and consumers. California’s economy is fueled by innovation and technological revolutions, which continue to drive its dynamic businesses and benefit consumers.
DOJ v. Google: Six Weak Spots in Judge Mehta’s Decision
In the words of Judge Mehta, Google is what it is today because it has “innovated consistently, and made shrewd business decisions.” Hopefully courts will ensure that this antitrust case doesn’t end up hindering Google from continuing to do just that.
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.