Europe
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The Digital Markets Act: A Triumph of Regulation Over Innovation
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The Digital Markets Act presents three fundamental challenges as it nears adoption: First, it will increase regulatory fragmentation. Second, its disproportionate blanket obligations and prohibitions will be economically detrimental and legally controversial. Third, it will be difficult to implement, as some of its provisions clash with other European regulations.
More Publications and Events
February 25, 2025|Blogs
What Vance Left Unsaid in Paris: America’s AI Leadership Hinges on Big Tech Leadership
Vice President Vance was right to warn against stifling AI innovation with excessive regulation, but the Trump administration must go further by pushing back against policies like the EU’s Digital Markets Act and similar U.S. regulatory efforts that undermine American tech leadership. To maintain global competitiveness, the U.S. should support its leading tech companies, ensuring they have the scale and capital needed to drive AI and technological advancements, rather than subjecting them to restrictive regulations that benefit foreign competitors.
January 17, 2025|Testimonies & Filings
Comments to the European Commission Regarding Proposed Measures for Interoperability Between Apple iOS and Devices
Instead of treating Apple as a public utility, the Commission should work to ensure that interoperability requirements align with the broader theoretical framework that orients European competition policy, such as condemning unilateral conduct that may harm rivals only when it does not constitute competition on the merits.
January 15, 2025|Blogs
The EU Has Been Taking Advantage of America’s Effort to Combat Chinese Economic Mercantilism
The EU over the last 7 years has cravenly ducked the industrial fight against China, attempting to expand its exports while America shoulders the costs. That cannot be allowed to continue as the new Trump administration ratchets up pressure against our common adversary.
December 20, 2024|Blogs
Apple vs. Europe—the $38 Billion Battle Over the DMA
The incoming administration is unlikely to take kindly to Europe's continuing antitrust attacks against Apple and other U.S. technology companies using a highly aggressive approach to DMA enforcement.
November 1, 2024|Blogs
Who Is the New Vestager? EU Names Teresa Ribera as Competition Commissioner
While it remains uncertain what Ribera’s tenure will bring, early signs indicate she could drag sustainability into competition policy and pursue an unacceptable double standard of pushing European firms to grow while singling out American ones for aggressive enforcement.
November 1, 2024|Testimonies & Filings
Comments to the European Commission Regarding Article 102 of the Treaty on the Functioning of the European Union
Unfortunately, new proposed guidelines for enforcing against abusive exclusionary conduct untether liability from likely harms to competition and consumer welfare.
October 10, 2024|Events
Is the DMA a Boost or Brake for European Competitiveness?
Watch now for a lively and insightful webinar featuring leading experts from Europe.
October 9, 2024|Blogs
Europe Might Wrap the Tech Industry in Even More Red Tape
Europe needs to pump the brakes on new regulations before it can properly assess the long-term effects of the GDPR, DSA, DMA, and AI Act.
October 4, 2024|Blogs
Draghi Wants to Have His Drug Cake and Eat It Too
Mario Draghi's 2024 report addresses the EU's biopharmaceutical decline, citing challenges like underfunded research, fragmented pricing, and competition from the U.S. and China. It recommends reforms but underplays the impact of EU drug price controls on innovation.
October 2, 2024|Blogs
The Draghi Report: Right Problem, Half-Right Solutions for Competition Policy
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.