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Non-Discrimination Standards

64 posts

Pushing Back against U.S. Government Pushback on Non-Discriminatory Tech Regulations: The Case of Australia's Online Safety Regulation

Over the years, I've talked a lot about the distinction between, on the one hand, domestic regulation that is ostensibly about some public policy objective but actually constitutes disguised protectionism, and, on the other hand, domestic regulation that pursues legitimate policy objectives but has an incidental impact on

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.

Immigration Penalties for Foreign Government Officials Engaging in "Economic Discrimination"

Recently introduced legislation from Congressman Michael Baumgartner (R-WA) seeks to penalize "foreign officials who weaponize the government to discriminate against American companies" by amending the Immigration and Nationality Act "to make foreign government officials who engage in economic discrimination against U.S. persons inadmissible to, and

The Meaning of "Discrimination" in Section 338's Predecessor (Section 317 of the Tariff Act of 1922)

In my post on the Trump administration's invocation of Section 338 of the Tariff Act of 1930 last week to impose tariffs on certain Canadian imports, I offered some quick thoughts on how broadly "discrimination" in that provision of the statute might be interpreted and applied.

Jamieson Greer on Not Getting Fooled by Discriminatory EU Tech Regulations

At a Hudson Institute event earlier this week, U.S. Trade Rep. Jamieson Greer had the following exchange with Peter Rough of Hudson on EU digital regulations: Rough: The joint statement last August with the Europeans filling out the Turnberry agreement that the President struck with Commission President von der

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.

The Trump Administration's New Push on Foreign Digital Taxes and Regulations

I have done a number of posts over the years on what U.S. trade officials mean when they talk about foreign digital taxes and regulations "discriminating" against U.S. companies. Are they talking about the intent of the measure or just its effect? On the latter, is

Katherine Tai on "Discrimination" against U.S. Companies and National Security Capture

Katherine Tai is no longer the U.S. Trade Representative, but I missed this podcast interview that took place while she was still in office, so I'm going to submit this blog post about her trade policy views a few days late. I only have two brief comments,

Will Trump's Early Tariffs Be Used To Fight Digital Regulatory Barriers?

CNN reports that some of Trump's early tariffs might be used to fight foreign digital regulations: The campaign has commissioned its own studies on the economic impact of these tariffs, with levies not far below the levels Trump has suggested, according to people familiar with the effort. Some