Non-Tariff Attacks

Join ITIF for a webinar on why global-turnover-based fines are disproportionate, what more targeted and proportionate enforcement could look like, and how U.S. policymakers should respond.

The Trump administration has launched sweeping Section 301 investigations into foreign manufacturing overcapacity, but discriminatory digital regulations pose an equally serious threat to U.S. commerce and warrant the same enforcement response.

A government backed push to replace U.S. payment networks in Europe is less about consumer benefit and more about reducing reliance on American firms, risking economic harm to the U.S. and opening the door for Chinese competitors in a fragmented market.

By any objective assessment, Canada's Online Streaming Act, which requires foreign streaming services to fork over 5 percent of their Canadian revenues, qualifies as a non-tariff attack.

Together, the transatlantic alliance can shape the rules of the digital age. Divided, neither side stands a chance.

The European Commission is challenging Meta’s decision to restrict third party AI assistants on WhatsApp, arguing it may violate competition rules. The argument here is that forcing Meta to open its platform would undermine its vertically integrated AI model, weaken incentives for continued investment, and introduce security and operational risks. At a critical moment in global AI competition, such regulatory actions could slow innovation at a leading American firm and advantage foreign competitors.

Joseph V. Coniglio hosts the second episode of a new antitrust speaker series and interviews Alden Abbott, senior research fellow at the Mercatus Center at George Mason University and an advisory board member of the Antitrust Education Project.​ They discuss antitrust’s Chicago Revolution, Neo-Brandeisian enforcement, and the Google & Meta cases.

Global trade is evolving into a form of mercantilist economic warfare where foreign nations use discriminatory regulations to target the U.S. tech sector, draining its wealth and undermining American innovation.

The United States needs to be ready to implement reciprocal measures with escalating consequences. Foreign governments must face a concrete response, not just the occasional scold or vain threat. The case against Coupang for its 2025 data breach is a test.

The EU’s Digital Services Act (DSA) imposes the heaviest regulatory burdens on large platforms in a way that overwhelmingly targets U.S. technology companies, exposing them to disproportionate compliance costs and fines while largely sparing European firms. This discriminatory model functions as a non-tariff attack that risks weakening U.S. innovation and competitiveness, and is now being replicated globally, amplifying the strategic challenge for American tech leadership.