The FTC plans to follow Europe’s precautionary approach to antitrust by enacting preemptive rules of per se illegality. But American precautionary antitrust is both unlawful and economically harmful, as it opposes dynamic competition, which benefits consumers and innovation.

American Precautionary Antitrust: Unrestrained FTC Rulemaking Authority

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.

Response to the Electronic Transactions Development Agency’s Consultation Regarding Digital Markets and Competition

Response to the Electronic Transactions Development Agency's Consultation Regarding Digital Markets and Competition

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.

Why South Korea Should Resist New Digital Platform Laws

In its bid for tech sovereignty, the EU has been aggressively targeting U.S. firms and industries with unfair protectionist policies. This cannot stand. To move forward into a new era of deeper transatlantic trade integration, America must first demand a level playing field.

Go to the Mattresses: It’s Time to Reset U.S.-EU Tech and Trade Relations

Go to the Mattresses: It's Time to Reset U.S.-EU Tech and Trade Relations

Congress needs to make clear that it expects other nations to cease and desist, while at the same time holding whoever is in the White House to high standards of more strongly incorporating digital issues into a robust trade defense strategy.

Testimony to the US House Ways and Means Trade Subcommittee: Protecting American Innovation by Establishing and Enforcing Strong Digital Trade Rules

While ITIF applauds the Commission for its efforts to evaluate the adequacy of California’s competition laws and consider possible changes, this comment highlights concerns with both the Technology Platform and Mergers and Acquisitions Reports, specifically regarding their respective legal and economic findings from the standpoint of promoting innovation.

Comments for the California Law Review Commission Study of Antitrust Law Regarding Innovation and Mergers

The next administration needs to place innovation, productivity, and competitiveness at the core of its economic policy. To that end, this report offers a comprehensive techno-economic agenda with 82 actionable policy recommendations.

A Techno-Economic Agenda for the Next Administration

As Brazil crafts its own Digital Markets Act in the mold of the EU’s, it should be aware of the potential shortcomings and unsubstantiated advantages associated with such wide-ranging economic regulation within the digital market landscape.

Comments to Brazil’s Finance Ministry Regarding Digital Markets Regulation

Comments to Brazil's Finance Ministry Regarding Digital Markets Regulation

Global data and technology governance will be challenging without cooperation on cloud trustworthiness. Policymakers should avoid simplistic assessments based on nationality and instead develop more holistic assessments based on legal and technical criteria.

Technical and Legal Criteria for Assessing Cloud Trustworthiness

America’s leadership in advanced-technology industries can never be taken for granted, as evidenced by its losses in telecommunications equipment, semiconductors, televisions, solar panels, and chemicals. Policymakers must recognize what went wrong in those cases to avoid a similar industrial decline in the biopharmaceutical industry.

Not Again: Why the United States Can’t Afford to Lose Its Biopharma Industry

In areas ranging from data privacy to content moderation, states are creating patchworks of regulation that confuse consumers, complicate compliance, and undermine the digital economy. It’s time for Congress to step in and establish a consistent national approach to digital policy.

How Congress Can Foster a Digital Single Market in America

Transatlantic data flows are essential to organizations of all sizes and industries—not just large technology firms. The EU and United States must establish clear, consistent legal mechanisms for data transfers so both sides can thrive in an increasingly digital global economy.

How to Build Back Better the Transatlantic Data Relationship

For America to remain the global leader in IT, the U.S. government must formulate a grand strategy grounded in a new doctrine of “digital realpolitik.” The first priority should be advancing U.S. interests by spreading the U.S. digital innovation policy system and constraining digital adversaries, especially China. This will entail working with allies when possible—and pressuring them when necessary.

A U.S. Grand Strategy for the Global Digital Economy

Proposed changes to Kenya’s competition regime will hinder, not help its digital economy. Rather than impose substantial changes based on the false premise that digital markets require special treatment, Kenya should use existing enforcement tools to police its growing digital markets.

Comments to Kenya’s Competition Authority Regarding the Draft Competition (Amendment) Bill, 2024

Comments to Kenya's Competition Authority Regarding the Draft Competition (Amendment) Bill, 2024

Rather than allow India’s dynamic high-tech and startup ecosystem to continue to flourish, the Draft Digital Competition Bill follows the path of overbearing competition policy taken by the EU, which lacks any leading digital firms. India should instead privilege the U.S. model of markets and dynamism.

Comments to the Indian Ministry of Corporate Affairs Regarding Digital Competition Law

The CDCL proposed a draft law on competition in digital markets known as the 'Draft Digital Competition Bill, 2024'. The law proposes ex-ante rules for 'Systematically Significant Digital Enterprises (SSDEs)' to ensure a level playfield and economically efficient outcomes in the market. The Government has sought comments from all the concerned stakeholders on the Bill.

Lilla Kiss speaks on how the ex-ante regulations will impact the digital market ecosystem in India.

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Lilla Kiss speaks on how the Draft Digital Competition Bill, 2024 will impact the digital market ecosystem in India.

Draft Digital Competition Bill 2024: Background of the Legislation

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American Precautionary Antitrust: Unrestrained FTC Rulemaking Authority

Response to the Electronic Transactions Development Agency’s Consultation Regarding Digital Markets and Competition

Why South Korea Should Resist New Digital Platform Laws