Publications: Joseph V. Coniglio

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.

Accepting Epic’s flawed arguments and imposing forced catalog-sharing and a technical committee to oversee Google’s business decisions risks condoning remedies that lack any causal connection to the violations found and are tantamount to central planning by courts—inhibiting the very innovation competition that the antitrust laws are designed to promote.

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.

The neo-Brandeisians’ attempted coup of the U.S. antitrust enterprise likely will soon prove to have been short-lived.