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.

Unfortunately, new proposed guidelines for enforcing against abusive exclusionary conduct untether liability from likely harms to competition and consumer welfare.

The DOJ's proposal to break up Google is unusual and would have disastrous consequences for consumers, innovation, and American competitiveness.

Please join ITIF for a virtual panel with top experts who will discuss the key issues going to trial, the implications for Google and the future of search, and what the case means for U.S. antitrust law and the broader “big tech” debate.

Watch the webinar event where panlists discussed how antitrust enforcement might change with the new administration, whether the Trump enforcers will carry forward any of the neo-Brandeisian policies, and what the future may have in store for the FTC.

Watch now for a virtual panel discussion with experts exploring the merits and implications of the DOJ v. Google ad tech case.

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.

Watch now for a timely panel discussion featuring leading antitrust lawyers from India and the United States.

Watch now for an expert panel discussion about the merits and implications of the DOJ’s lawsuit against Apple.

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

Watch now for an expert panel discussion on the possible outcomes and implications of this landmark antitrust case.

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