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.
Research Areas
Recent Publications
Comments for the California Law Review Commission Study of Antitrust Law Regarding Single-Firm Conduct and Concentration
While ITIF applauds the Commission for its efforts to evaluate the adequacy of California’s competition laws and consider possible changes, this comment highlights concerns with both the single-firm and concentration reports, and specifically regarding their respective legal and economic findings.
“Khanservatives” Are Wrong About Big Tech
Instead of making a Faustian bargain with neo-Brandeisians, conservatives must come to grips with what the neo-Brandeisian movement really is: a revolutionary assault on corporate America operating under the guise of “protecting democracy.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Recent Events and Presentations
Can India Regulate Its Digital Boom Without Stifling Innovation?
Join ITIF's Schumpeter Project on Competition Policy 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.