Publications: Joseph V. Coniglio

How I learned to stop worrying and love the AI revolution.

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.

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.

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 possibility of a new bipartisan consensus based on the Biden administration’s failed merger policies should concern Senate Republicans.

While ITIF commends the MBIE for analyzing the efficacy of its current regime, substantial changes to New Zealand’s competition laws should be a response to clear market failures that improves consumer welfare, and not merely an attempt to keep up with perceived global or regional trends.

Neo-Brandeisian antitrust will not form the basis of a new bipartisan antitrust consensus.

Instead of treating Apple as a public utility, the Commission should work to ensure that interoperability requirements align with the broader theoretical framework that orients European competition policy, such as condemning unilateral conduct that may harm rivals only when it does not constitute competition on the merits.

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.

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.