Showing archive for: “Comparative & Global Administrative Law”
US and EU Clash on Promoting Space Commerce and Innovation
Commercial competition in outer space is expected to grow rapidly, with major economic benefits, including lowered costs, increased innovation, and the development of new industries. The proposed European Union Space Act, however, threatens to undermine beneficial competition by imposing new regulatory burdens on firms, especially U.S. satellite operators. In contrast, the Trump administration is acting ... US and EU Clash on Promoting Space Commerce and Innovation
The Washington Effect: Will the Brussels Bureaucracy Bend?
Much has been said about the so-called “Brussels Effect”—that is, the European Union’s animating conceit that its mission is to make rules for the entire world. Without irony, the EU has embraced the meme that others innovate, while the EU regulates. Recent shifts in U.S. trade policy have introduced the threat of tariffs against jurisdictions ... The Washington Effect: Will the Brussels Bureaucracy Bend?
Lessons from the UK for Brazil’s Digital Market Strategy
Brazil is broadly expected to move forward in the very near future with plans to adopt ex-ante competition regulations to govern digital platforms. Indeed, in the wake of a public consultation launched by the Ministry of Finance in early 2024, President Luiz Inácio Lula da Silva and the administration have spent much of the past ... Lessons from the UK for Brazil’s Digital Market Strategy
Why the United States May Confront Nontariff Attacks Against Tech Firms
I recently explained in Forbes that U.S. trade negotiators could leverage the planned withdrawal of anticompetitive federal regulations to obtain a cutback in foreign anticompetitive market distortions (ACMDs) that harm American firms and consumers. A July 2 nonpartisan letter to senior administration officials from the Information Technology and Innovation Foundation (ITIF), joined by senior policy scholars, ... Why the United States May Confront Nontariff Attacks Against Tech Firms
The EU’s GDPR ‘Fix’ Misses the Point Entirely
The European Union has just agreed to new procedural rules for enforcement of the General Data Protection Regulation (GDPR), touting faster investigation deadlines and streamlined cooperation between data-protection authorities. But celebrating 15-month investigation timelines as progress reveals just how far we’ve strayed from reasonable regulatory practice. This “steroids shot” for GDPR enforcement, as Politico calls ... The EU’s GDPR ‘Fix’ Misses the Point Entirely
A First Take on the European Commission’s DMA Decision Against Meta
The European Commission issued a significant noncompliance decision earlier today, finding the “consent or pay” model that Meta implemented from March 2024 to November 2024 for its Facebook and Instagram services breached key obligations imposed on designated gatekeepers under the Digital Markets Act (DMA). Accompanied by a €200 million fine, the decision concluded that Meta’s ... A First Take on the European Commission’s DMA Decision Against Meta
The View from Brazil: A TOTM Q&A with Gustavo Augusto Freitas de Lima
Gustavo, could you please tell us a bit about yourself and your professional background? I’m a law practitioner with a master’s degree in law and public policy, specializing in constitutional and administrative law. I served as a federal attorney and litigator before the Brazilian Supreme Court and was appointed by the attorney general as the ... The View from Brazil: A TOTM Q&A with Gustavo Augusto Freitas de Lima
Parsing Brazil’s ‘More Flexible’ Approach to Digital Markets
Following an extensive consultation period, Brazil’s Ministério da Fazenda (Ministry of Finance) last October unveiled its final digital-platform report. Given the public stances previously taken by Brazil’s would-be digital regulators—the antitrust agency Conselho Administrativo de Defesa Econômica (CADE) and the telecommunications regulator Agência Nacional de Telecomunicações (Anatel)—it was likely inevitable that the report would endorse ... Parsing Brazil’s ‘More Flexible’ Approach to Digital Markets
Perspectives on Industrial Policy: An Interview with Peter Craddock
You had a recent post on LinkedIn that offered a critical analysis of the European Data Protection Board’s (EDPB) August 2024 consent-or-pay opinion, highlighting concerns about its effects on the freedom to conduct business. The decision was part of a larger context of developments in the European Union that, at least in the United States, ... Perspectives on Industrial Policy: An Interview with Peter Craddock
The View from Korea: A TOTM Q&A with Dae Sik Hong
Professor Hong, could you please tell us a bit more about your background and how you got interested in digital competition regulation? In South Korea, I have unique combined experience as a court judge and as an antitrust specialist at a major law firm, conducting numerous research projects that connect theory and practice. I have ... The View from Korea: A TOTM Q&A with Dae Sik Hong
The View from India: A TOTM Q&A with Shivanghi Sukumar
Could you tell us a bit about your background and how you got interested in digital competition regulation? I am a competition lawyer, and have been practicing competition law in India since the early days of its enforcement. A big part of my work has been related to the enforcement of behavioral provisions, and I’ve ... The View from India: A TOTM Q&A with Shivanghi Sukumar
Lessons from Korea’s Roller-Coaster Ride Toward Platform (Non)Regulation
The Korea Fair Trade Commission (KFTC), the nation’s competition authority, announced Sept. 9 that it had abandoned plans for comprehensive platform regulation modeled after the European Union’s Digital Markets Act (DMA) or Section 19a of Germany’s Competition Act. The proposed Korean regulation would have involved an ex-ante designation process, alongside stringent prohibitions. The KFTC noted ... Lessons from Korea’s Roller-Coaster Ride Toward Platform (Non)Regulation
