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Publications: Joseph V. Coniglio

May 15, 2024

Comments to the Indian Ministry of Corporate Affairs Regarding Digital Competition Law

Rather than allow India’s dynamic high-tech and startup ecosystem to continue to flourish, the Draft Digital Competition Bill follows the path of overbearing competition policy taken by the EU, which lacks any leading digital firms. India should instead privilege the U.S. model of markets and dynamism.

May 2, 2024

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.

May 1, 2024

“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.”

April 4, 2024

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.

March 8, 2024

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.

February 23, 2024

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.

February 15, 2024

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.

January 22, 2024

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.

January 18, 2024

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.

December 20, 2023

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.

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