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Artwork for Creative Discussion: An Antitrust Podcast

Creative Discussion: An Antitrust Podcast

Information Technology and Innovation Foundation (ITIF)
Antitrust
Consumer Welfare Standard
Robinson-Patman Act
Merger Guidelines
Big Tech Companies (google, Amazon, Apple, Facebook)
Chicago School
Artificial Intelligence
Price Discrimination
Antitrust Policy
Remedies and Breakups
Innovation
Areeda-Hovenkamp Treatise
Neo-Brandeisian Antitrust
Antitrust Law
European Union Brussels Model
Intellectual Property
China Mercantilism
FTC

In today’s dynamic, high-tech economy, antitrust law is at an inflection point—but what does that mean, and what comes next? Creative Discussion: An Antitrust Podcast, hosted by Joseph Van Coniglio, director of ITIF’s Schumpeter Project on Competition Policy, features wide-ranging conversations with leading voices in competition policy. Each episode explores pressing antitrust issues shaping the m... more

PublishesMonthlyEpisodes6Founded5 months ago
Number of ListenersCategory
Government

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Artwork for Creative Discussion: An Antitrust Podcast

Latest Episodes

Joseph V. Coniglio hosts Robert H. Bork Jr., president of the Antitrust Education Project, to discuss his book The New Paradox: Antitrust and the Threat of Conservative Socialism. They cover what’s happening now in antitrust policy, Trump-era antitru... more

Joseph V. Coniglio hosts two guests, Tim Muris, Foundation Professor of Law at Antonin Scalia Law School, and Bruce Kobayashi, Paige V. and Henry N. Butler Chair in Law and Economics at Antonin Scalia Law School, to discuss the Robinson-Patman Act an... more

Joseph V. Coniglio joins guest Jonathan Barnett, Torrey H. Webb Professor of Law at the USC Gould School of Law, at the 2026 Antitrust Spring Meeting. They discuss Barnett’s new ITIF report, Europe’s innovation gap, and China’s mercantilist use of co... more

Joseph V. Coniglio hosts the third episode of a new antitrust speaker series and interviews longtime antitrust scholar and retired DOJ economist Greg Werden.​ They discuss Werden’s path from chemistry to economics and his four-decade career at DOJ, d... more

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Recent Guests

Tim Muris
Foundation Professor of Law and former FTC chair, expert in antitrust law
George Mason University / Sidley Austin
Episode: Tim Muris & Bruce Kobayashi on ‘Zombie Antitrust,’ Price Discrimination, and Robinson-Patman
Bruce Kobayashi
Professor of Law and Economics, economist with FTC/DOJ background
George Mason University
Episode: Tim Muris & Bruce Kobayashi on ‘Zombie Antitrust,’ Price Discrimination, and Robinson-Patman
Jonathan Barnett
Torrey H. Webb Professor of Law at USC Gould School of Law, antitrust/IP scholar
University of Southern California Gould School of Law
Episode: From the 2026 Antitrust Spring Meeting: Jonathan Barnett on How Competition Enforcers Are Undermining Competition
Greg Werden
Former DOJ economist and antitrust scholar
DOJ Antitrust Division
Episode: Creative Discussion Podcast: Greg Werden on the DOJ, Merger Guidelines and the Evolving Role of Economists
Alden Abbott
Senior Research Fellow at the Mercatus Center, GMU; former FTC General Counsel
Mercatus Center at George Mason University; FTC (former)
Episode: Alden Abbott on the Chicago School, the Neo-Brandeisian Experiment, and the Future of Conservative Antitrust
Herb Hovenkamp
James G. Dinan University Professor at the University of Pennsylvania Carey Law School
University of Pennsylvania Law School
Episode: Creative Discussion, Episode One: Herb Hovenkamp

Host

Joseph Coniglio
Host of Creative Discussions: An Antitrust Podcast; Director of Antitrust Innovation and the Schumpeter Project at ITIF

Chart Rankings

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Apple Podcasts
#49
Hong Kong/Government
Apple Podcasts
#238
Spain/Government

Talking Points

Recent interactions between the hosts and their guests.

Creative Discussion Podcast: Greg Werden on the DOJ, Merger Guidelines and the Evolving Role of Economists
Q: What is the central idea behind your 'competitive process standard' and how does it differ from consumer welfare as a guiding principle in antitrust analysis?
The competitive process standard focuses on proximate effects on the ability and incentives to compete, rather than solely on welfare outcomes, arguing that antitrust policy should protect the dynamic, competitive process itself and look at conduct that threatens the ability of firms to compete in the near term and the longer-term innovation dynamics.
Creative Discussion Podcast: Greg Werden on the DOJ, Merger Guidelines and the Evolving Role of Economists
Q: How do you view the progression of the merger guidelines over the years, and in particular what do you think about the 2023 merger guidelines that were issued after you left?
The core changes reflect a shift toward more explicit reliance on economic modeling and the need to address modern digital markets, while preserving the fundamental idea that you must define markets and assess competitive effects with an eye toward practical remedies that restore competition rather than simply punishing conduct.
Creative Discussion Podcast: Greg Werden on the DOJ, Merger Guidelines and the Evolving Role of Economists
Q: But let me ask about the merger guidelines, because you noted mergers have been really a priority at the DOJ since you've been there. And I actually want to quote our last guest speaker, Alden Abbott, who actually described you as the leading expert on the history and technical analysis of modern merger guidelines, having worked on the 1982, 1984, 1992, 1997, and 2010 versions as a senior DOJ economist.
I would add the 2019 vertical merger guidelines to that list, and recount how the guidelines evolved from relying on a leading firm proviso to emphasizing the hypothetical monopolist test and demand-side substitution, with growing emphasis on economic analysis and the practical implications for remedy design.
Alden Abbott on the Chicago School, the Neo-Brandeisian Experiment, and the Future of Conservative Antitrust
Q: Take us back there. What was the antitrust world like before the Chicago School revolution, and why was it so influential across administrations?
Abbott explains that the Chicago School brought a rigorous, economics-based critique of the classic antitrust framework, influencing policymakers across Republican and Democratic administrations by emphasizing efficiency, consumer welfare, and skepticism about straightforward merger harms. He notes it set a bipartisan trajectory for antitrust thinking that continued through regulations and deregulation, shaping enforcement priorities.
Creative Discussion, Episode One: Herb Hovenkamp
Q: What is your view on remedies like breakups in big tech cases?
Breakups should not be the preferred remedy; they can be available but historically have not been the optimal tool. Interconnection obligations and carefully designed remedies that preserve innovation and competition are typically more effective in modern tech markets.

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What is This Podcast about and what kind of topics does it cover?

Episodes center on antitrust policy, enforcement, and economic theory, with a strong emphasis on how historic and contemporary debates shape competition in a high-tech economy. Conversations frequently analyze price discrimination, merger guidelines, consumer welfare versus structural approaches, and the role of regulators in a rapidly evolving landscape that includes AI, digital platforms, and global geopolitics. Notable throughlines include historical perspectives from leading scholars, practical lessons from landmark cases, and nuanced debates about remedies, regulatory approaches, and the balance between innovation and consumer protection. The show tends to feature senior academics, former regulators, and practitioners who bring deep th... more

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What guests have appeared on this podcast?

Recent guests on this podcast include:

1. Tim Muris
2. Bruce Kobayashi
3. Jonathan Barnett
4. Greg Werden
5. Alden Abbott
6. Herb Hovenkamp

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