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Joshua Gray

Joshua Gray is an attorney at the law firm Sperling, Kenny Nachwalter in Miami, Florida. He previously worked in the Anticompetitive Practices Division of the Federal Trade Commission, investigating and litigating antitrust conduct violations; as counsel in the Office of International Affairs at the FTC, where he coordinated bilateral cooperation with the European Commission’s Directorate-General for Competition; and during the Clinton Administration as an Attorney-Advisor to FTC Chairman Robert Pitofsky.
Antitrust and Competition

The Jedi Blue Network Bidding Agreement Is Monopoly Maintenance

Joshua Gray
Previous plaintiffs have argued unsuccessfully that Google’s Jedi Blue agreement with Facebook is anticompetitive and illegal. The agreement grants Facebook preferential access to Google’s dominant digital advertisement system in exchange for not building competing technologies. The plaintiffs’ challenges to Jedi Blue would have been on stronger ground had they argued that Jedi Blue is compelling evidence of illegal monopoly maintenance, as occurred in Microsoft, writes Joshua B. Gray.
Antitrust and Competition

How the FTC Could Have Used Its Draft Merger Guidelines To Argue Against Microsoft-Activision and Meta-Within

Joshua Gray
Joshua Gray and Cristian Santesteban show how the Federal Trade Commission could have used its 2023 draft Merger Guidelines to focus its challenges against Microsoft-Activision and Meta-Within squarely on the pressing economic concern of protecting competition during critical technological transitions making full use of the law’s traditional incipiency standard.
Antitrust and Competition

The FTC Needs To Focus Arguments on Technological Transitions After High-Profile Losses

Joshua Gray
Joshua Gray and Cristian Santesteban argue that the Federal Trade Commission's focus in Meta-Within and Microsoft-Activision on narrow markets like VR fitness apps and consoles missed the boat on the real competition issue: the threat to future competition in nascent markets like VR platforms and cloud gaming.
Antitrust and Competition

Was Microsoft’s “Polluted Java” a presumptively legal improved product design?

Joshua Gray
Section 2 defendants often interpret the holdings of the United States Court of Appeals for the District of Columbia in U.S. v Microsoft Corp...

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ProMarket is dedicated to discussing how competition tends to be subverted by special interests. The posts represent the opinions of their writers, not necessarily those of the University of Chicago, the Booth School of Business, or its faculty. For more information, please visit ProMarket Policy.