Lilla Nóra Kiss

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.

As senior South Korean and U.S. officials prepare to reconvene in Washington, the Korean government’s quiet decision to shelve the Platform Monopoly Act while fast-tracking the Online Platform Fairness Act sends a troubling signal. Though framed as a more balanced alternative, the Fairness Act potentially represents another form of non-tariff attack on U.S. tech firms, posing an even greater threat to innovation, legal certainty, and the broader U.S.–Korea economic relationship.

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.

Thailand’s emerging digital markets are driven by innovation, growth, and the spirit of entrepreneurship. Hastily adopting the PEA as proposed risks introducing unnecessary regulatory burdens, fostering regulatory capture, and stifling innovation without clear evidence of market failure.

Policymakers in South Korea are weighing a raft of digital market provisions inspired by the EU’s Digital Markets Act. Their goal is to rein in allegedly anticompetitive practices by Big Tech firms. But the proposed interventions are unwarranted and risk harming innovation, straining relations with the United States during uncertain times, and opening the door to China.

The Draghi Report is a monumental but imperfect step in the right direction to correct Europe’s failing competition policy and better drive European innovation and productivity growth.

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.