Publications

Taken together with dozens of other fines the EU has imposed on American tech firms, last week’s action against Google was further confirmation that the DMA functions less as a competition tool than as an extractive mechanism. The difference this time is that the Trump administration sent a clear signal it won’t stand for this anymore.

Rather than resort to heavy-handed content and price regulation to address nonexistent market failures, the CMA should follow the lead of the United States and rely on a tried-and-true, ex post law enforcement framework to address concerns about anticompetitive behavior associated with anti-steering practices by Apple and Google.

Adversarial AI distillation poses a growing threat to U.S. AI leadership and national security, and Congress is right to address it through the Deterring American AI Model Theft Act (DAAMTA). But before passing the bill, lawmakers should narrow its scope, strengthen evidentiary standards, protect legitimate research, and pair it with technical safeguards and international cooperation to better combat large-scale AI model theft without hindering innovation.

Waiting for the next Congress is the wrong approach. Because neither party can pass a federal privacy law without bipartisan support, lawmakers should build on the SECURE Data Act's bipartisan, state-tested framework to enact a national privacy law that protects consumers and the economy.

The era of free trade globalization is over. To replace it, the United States should lead a new class of binding deals with allies, with a dual objective of strengthening allied national economic power industries and weakening China’s.

Applying Most Favored Nation pricing to both Medicare and Medicaid—requiring U.S. prices for drugs that have already been launched to equal the lowest prices among a group of peer countries—is estimated to reduce U.S. pharmaceutical revenues by 49 percent and global pharmaceutical revenues by 31 percent.

Age assurance should not become a default prerequisite for accessing the Internet, but it can still hold a place in a comprehensive approach to children’s online safety.

The USMCA’s digital trade rules set the global standard. Now, policymakers should modernize them for the age of AI, close loopholes that enable data localization and discriminatory taxes, and build a more secure, competitive North American digital economy.

Congress has an opportunity to strengthen consumer protection while preserving the benefits of digital commerce. No marketplace can eliminate every counterfeit product or fraudulent seller. But every marketplace serving American consumers should meet reasonable expectations for seller accountability, transparency, and effective action against harmful conduct.

The FDA is considering allowing seven unapproved peptides—substantially sourced through a Chinese gray market—to be used by U.S. compounding pharmacies, despite its own scientists warning against it. Approving them would legitimize unvetted foreign suppliers and undermine evidence-based drug regulation.