Lilla Nóra Kiss

Korea’s incoming KFTC leadership should oppose reviving ex ante platform regulation. Such rules are unnecessary, rest on flawed premises, and would weaken both innovation and strategic alliances.

The focus of the guidelines is to help assess whether a merger would significantly impede effective competition or create or strengthen a dominant position. Unfortunately, this structural understanding of competition differs from a conception of competition as either a dynamic process or a consumer welfare proscription, both of which are far better suited to having a productive and growing economy.

The European Commission’s DMA action against Meta reveals a strategy of using data protection law principles to stretch competition rules beyond their intended scope—ultimately setting a compliance bar no gatekeeper can meet, infantilizing users, and selectively targeting successful integrated American platforms.

Instead of distancing itself from the United States through regulation, the EU must prioritize a transatlantic tech alliance as the only viable way to compete with China and protect shared democratic interests.

After facing U.S. backlash over a bill modeled on the EU’s Digital Markets Act, South Korea appeared to pause its digital antitrust push. But rather than stepping back entirely, the government has shifted focus to the Online Platform Fairness Act, which may prove even more intrusive.

The EU’s Digital Markets Act was sold as a blueprint for fairness and innovation. But instead of fostering competition, the DMA risks turning Europe into a regulatory island—more isolated, less competitive, and increasingly irrelevant on the world stage.

South Korea faces a strategic decision: Address persistent trade asymmetries, or risk straining its long-standing alliance with the United States and lose autonomy vis-à-vis China. What’s needed is a genuine reset—one grounded in open trade and closer coordination with Washington to counter mercantilist practices.

While the Interim Report of the Market Review on the Digital Economy Ecosystem under the Competition Act 2010 reflects a valuable step toward understanding market trends, it does not present clear evidence of systemic market failure that would warrant prescriptive regulatory intervention.

Rather than adopt the European Union’s model for regulating competition, policymakers considering how to govern digital markets should carefully evaluate whether digital antitrust regulation is justified and consider whether concerns about anticompetitive behavior can be addressed with less intrusive and more cost-effective tools.

While the DMA may be motivated by Europe’s commitment to its long-held ordoliberal model of competition policy, its disproportionate effects on U.S. firms are intentional.

The European Commission’s Competitiveness Compass rightly identifies Europe’s economic and innovation challenges but proposes misguided solutions.

By deciding not to pursue digital competition regulation, Australia can avoid the problems that are already materializing as a result of ex-ante regimes like the EU’s DMA.

Watch the high-level discussion presented by ITIF’s Center for Korean Innovation and Competitiveness featuring trade experts, regulatory analysts, and U.S.–Korea watchers from both sides of the Pacific.

Lilla Nóra Kiss speaks on the future of legal education and integrating legal tech in the curriculum panel.

Lilla Nóra Kiss speaks on the Digital Markets Act at the TalTech Legal Lab Annual Research Forum.

Lilla Nóra Kiss speaks on the legal and economic ramifications of the Digital Markets Act at the Università del Salento.

Watch this virtual webinar featuring experts who discussed this important decision, its implications for the ad tech space, and what it means for Google as its antitrust battles with the DOJ escalate.

Lilla Nóra Kiss delivers a critical evaluation of the DMA’s first year in practice.

Watch the virtual discussion featuring experts from diverse regulatory landscapes unpack the DMA’s real-world impact, analyze global trends in digital regulation, and evaluate whether ex-ante rules are the right path forward for competition.

Lilla Nóra Kiss speaks on policy measures and incentives that could further strengthen Korea’s strengths as a premier destination for U.S. investment.

Watch now for an expert panel discussion on how South Korea’s regulatory choices will shape its future as a global tech leader, and what the broader implications will be for its strategic positioning in the U.S.-China rivalry.

Watch now for a lively and insightful webinar featuring leading experts from Europe.

Lilla Nóra Kiss speaks on digital market regulation at a panel hosted by the GW Competition & Innovation Lab.

Watch now for an event hosted by ITIF's Schumpeter Project on Competition Policy, featuring leading antitrust experts from Taiwan, Japan, Korea, and the United States.