Faced with an ageing population and rising chronic disease rates, Europe wants
to make its citizens healthier.
It also needs to keep its most powerful industries happy. In the basket of
health policies that EU lawmakers rushed to get across the line before
Christmas, industry was the big winner: The pharmaceutical, food and drink
sectors walked away with a set of major policy wins — and (potentially)
healthier profits.
While the pharma industry previously feared losing some of its monopoly rights
on new drugs, the Commission this month offered it an extra year of patent
protection for novel biotech drugs — among the most expensive treatments in the
world. The food and drink sectors, meanwhile, successfully pushed back against
proposals to tax ultra-processed foods and alcopops, for now.
On Dec. 16 the Commission published its Biotech Act and Safe Hearts Plan, which
landed just days after a long-awaited update of the pharmaceutical legislation.
Taken together, they seek to incentivize industries to innovate and do business
in Europe, improve access to medicines, and tackle the burden of cardiovascular
disease.
The pharma industry broadly celebrated the biotech proposal.
The Biotech Act “reflects priorities we’ve intensively advocated to keep Europe
globally competitive in life sciences,” Ognjenka Manojlovic, head of policy at
European pharmaceutical company Sanofi, told POLITICO. That includes
accelerating clinical trials, boosting intellectual property, and strengthening
financing for Europe’s biotech ecosystem, Manojlovic said.
The pharmaceutical sector had pushed for longer monopoly rights in the pharma
legislation. In the end they were kept at the current standard eight years —
instead of being cut by two years as the European Commission had initially
proposed.
For Europe’s public health insurers, who pay for drugs, the decisions taken to
maintain and then extend market protections for medicines are hard to square.
“We are puzzled by the Commission’s intentions,” said Yannis Natsis, director of
the European Social Insurance Platform, a network of Europe’s social insurance
organizations, warning that taxpayers will have to pick up the bill.
Meanwhile, health campaigners are also unhappy at the Commission’s “missed
opportunity” to tackle obesity and heart disease with junk food taxes — as
proposed in an earlier draft of the Safe Hearts Plan.
Samuele Tonello, at consumer organization BEUC, said the Safe Hearts Plan “lacks
teeth” to better protect consumers from unhealthy foods, and flagged the
“urgency of [cardiovascular diseases].”
A MAN ON A MISSION
Health Commissioner Olivér Várhelyi has made no secret of his support for
industry, and has championed the Commission’s competitiveness mantra since
taking office in late 2024.
Health Commissioner Olivér Várhelyi has made no secret of his support for
industry, and has championed the Commission’s competitiveness mantra since
taking office in late 2024. | Thierry Monasse/Getty Images
The standout feature of his end-of-year bonanza was the 12-month patent
extension in the Biotech Act I — legislation that was split in two late in the
day, allowing Várhelyi to meet his end-of-year deadline for the pharma
component.
The proposal came just a week after the Commission, countries and MEPs clinched
a deal to reform Europe’s pharmaceutical laws, in which IP rights were among the
last issues to be settled.
Updates to the pharma laws were a legacy of the last Commission, whereas the
Biotech Act became something of a personal mission for Várhelyi.
He repeatedly stressed that there was “no time to lose” in delivering a targeted
policy aimed at revitalizing Europe’s flagging biotech industry, which risks
being overtaken by competition from China and the U.S. Few commissioners are
more vocal than Várhelyi about the premium they place on the competitiveness of
European industry.
Industry insiders had heard whispers of his plans to expand IP incentives for
the biotech sector, even if Council representatives were dismayed not to have
been informed in advance — especially with the ink barely dry on the Pharma
Package.
That’s not to say pharma is happy with its lot. Industry lobby group the
European Federation of Pharmaceutical Industries and Associations (EFPIA)
tempered its praise of the Biotech Act, lamenting that the extra year of
monopoly rights would only apply to a “limited subset of products.”
The extra year of protection is tied to the Commission’s efforts to locate more
pharma research and manufacturing in Europe. It would apply only to new
products, tested and at least partially made in Europe.
But the generics sector, which makes cheaper, off-patent drugs to compete with
branded medicines, sees the Biotech Act as a further sweetening of what is
already one of the world’s most generous IP systems. Lobby group Medicines for
Europe claims each year of delayed competition for the top three biologic drugs
would cost countries €7.7 billion.
Longer IP “will have a dramatic impact on healthcare budgets and delayed
patients’ access to essential medicines,” said Adrian van den Hoven, head of the
lobby.
These kinds of estimates would normally be included in an impact assessment
published alongside the proposal, but in its haste to get the Biotech Act out
the Commission didn’t do one.
POLITICO asked the Commission for an estimate of what the extra year of patent
protection would cost. A Commission spokesperson would not give a figure but
said they had used the impact assessment for the pharma legislation as a
reference.
“It is also important to stress that the number of products eligible for an
additional year of SPC will be limited to only those that are truly innovative
and tested and manufactured in the EU. The approach is deliberately targeted to
incentivise genuinely innovative therapies that deliver a clear added value for
patients and support European innovation,” the spokesperson said.
LUCKY ESCAPE FOR UPFS
The big food and drink sectors are on shakier ground with Várhelyi. The
commissioner has repeatedly made known his distaste for ultra-processed food,
and an early leaked version of the Safe Hearts Plan included new taxes on
unhealthy highly processed foods and alcopops.
But the final proposal showed the Commission had undertaken a significant
climbdown. Concrete targets to tax unhealthy food and drink in 2026 were gone,
replaced with a much woollier commitment to “work towards” such a levy. Alcopops
were excluded altogether.
Industry lobby FoodDrinkEurope took a far more measured tone on the final plan
than its explosive reactions to the earlier leaks, but that may well ramp up
again if and when health tax proposals emerge. The text suggests the soft drinks
industry may be the Commission’s first target if it does decide to pursue new
levies, while UPFs remain in Várhelyi’s sights.
“In the next couple of years, we will need to tackle the issue of
ultra-processed food much more,” he told MEPs in December.
For now, though, the plan seems to have let industry off easy. Health NGOs saw
it as a disappointment, given its lack of hard-hitting policies to reduce
consumption of UPFs and other unhealthy products.
While the pharma legislation is all wrapped up, the Biotech Act still needs to
win the approval of EU countries and the European Parliament.
For the food and pharma sectors, the proposals set out this month are
confirmation they have allies in the Berlaymont.
Tag - Intellectual property
After more than three decades in the pharmaceutical industry, I know one thing:
science transforms lives, but policy determines whether innovation thrives or
stalls. That reality shapes outcomes for patients — and for Europe’s
competitiveness. Today, Europeans stand at a defining moment. The choices we
make now will determine whether Europe remains a global leader in life sciences
or we watch that leadership slip away.
It’s worth reminding ourselves of the true value of Europe’s life sciences
industry and the power we have as a united bloc to protect it as a European
good.
Europe has an illustrious track record in medical discovery, from the first
antibiotics to the discovery of DNA and today’s advanced biologics. Still today,
our region remains an engine of medical breakthroughs, powered by an
extraordinary ecosystem of innovators in the form of start-ups, small and
medium-sized enterprises, academic labs, and university hospitals. This strength
benefits patients through access to clinical trials and cutting-edge treatments.
It also makes life sciences a strategic pillar of Europe’s economy.
The economic stakes
Life sciences is not just another industry for Europe. It’s a growth engine, a
source of resilience and a driver of scientific sovereignty. The EU is already
home to some of the world’s most talented scientists, thriving academic
institutions and research clusters, and a social model built on universal access
to healthcare. These assets are powerful, yet they only translate into future
success if supported by a legislative environment that rewards innovation.
> Life sciences is not just another industry for Europe. It’s a growth engine, a
> source of resilience and a driver of scientific sovereignty.
This is also an industry that supports 2.3 million jobs and contributes over
€200 billion to the EU economy each year — more than any other sector. EU
pharmaceutical research and development spending grew from €27.8 billion in 2010
to €46.2 billion in 2022, an average annual increase of 4.4 percent. A success
story, yes — but one under pressure.
While Europe debates, others act
Over the past two decades, Europe has lost a quarter of its share of global
investment to other regions. This year — for the first time — China overtook
both the United States and Europe in the number of new molecules discovered.
China has doubled its share of industry sponsored clinical trials, while
Europe’s share has halved, leaving 60,000 European patients without the
opportunity to participate in trials of the next generation of treatments.
Why does this matter? Because every clinical trial site that moves elsewhere
means a patient in Europe waits longer for the next treatment — and an ecosystem
slowly loses competitiveness.
Policy determines whether innovation can take root. The United States and Asia
are streamlining regulation, accelerating approvals and attracting capital at
unprecedented scale. While Europe debates these matters, others act.
A world moving faster
And now, global dynamics are shifting in unprecedented ways. The United States’
administration’s renewed push for a Most Favored Nation drug pricing policy —
designed to tie domestic prices to the lowest paid in developed markets —
combined with the potential removal of long-standing tariff exemptions for
medicines exported from Europe, marks a historic turning point.
A fundamental reordering of the pharmaceutical landscape is underway. The
message is clear: innovation competitiveness is now a geopolitical priority.
Europe must treat it as such.
A once-in-a-generation reset
The timing couldn’t be better. As we speak, Europe is rewriting the
pharmaceutical legislation that will define the next 20 years of innovation.
This is a rare opportunity, but only if reforms strengthen, rather than weaken,
Europe’s ability to compete in life sciences.
To lead globally, Europe must make choices and act decisively. A triple A
framework — attract, accelerate, access — makes the priorities clear:
* Attract global investment by ensuring strong intellectual property
protection, predictable regulation and competitive incentives — the
foundations of a world-class innovation ecosystem.
* Accelerate the path from science to patients. Europe’s regulatory system must
match the speed of scientific progress, ensuring that breakthroughs reach
patients sooner.
* Ensure equitable and timely access for all European patients. No innovation
should remain inaccessible because of administrative delays or fragmented
decision-making across 27 systems.
These priorities reinforce each other, creating a virtuous cycle that
strengthens competitiveness, improves health outcomes and drives sustainable
growth.
> Europe has everything required to shape the future of medicine: world-class
> science, exceptional talent, a 500-million-strong market and one of the most
> sophisticated pharmaceutical manufacturing bases in the world.
Despite flat or declining public investment in new medicines across most member
states over the past 20 years, the research-based pharmaceutical industry has
stepped up, doubling its contributions to public pharmaceutical expenditure from
12 percent to 24 percent between 2018 and 2023. In effect, we have financed our
own innovation. No other sector has done this at such scale. But this model is
not sustainable. Pharmaceutical innovation must be treated not as a cost to
contain, but as a strategic investment in Europe’s future.
The choice before us
Europe has everything required to shape the future of medicine: world-class
science, exceptional talent, a 500-million-strong market and one of the most
sophisticated pharmaceutical manufacturing bases in the world.
What we need now is an ambition equal to those assets.
If we choose innovation, we secure Europe’s jobs, research and competitiveness —
and ensure European patients benefit first from the next generation of medical
breakthroughs. A wrong call will be felt for decades.
The next chapter for Europe is being written now. Let us choose the path that
keeps Europe leading, competing and innovating: for our economies, our societies
and, above all, our patients. Choose Europe.
--------------------------------------------------------------------------------
Disclaimer
POLITICAL ADVERTISEMENT
* The sponsor is European Federation of Pharmaceutical Industries and
Associations (EFPIA)
* The ultimate controlling entity is European Federation of Pharmaceutical
Industries and Associations (EFPIA)
* The political advertisement is linked to the Critical Medicines Act.
More information here.
The White House is exuding confidence heading into Wednesday’s Supreme Court
hearing that the justices will uphold President Donald Trump’s sweeping tariff
powers.
But just in case, aides have a plan B.
Aides have spent weeks strategizing how to reconstitute the president’s global
tariff regime if the court rules that he exceeded his authority. They’re ready
to fall back on a patchwork of other trade statutes to keep pressure on U.S.
trading partners and preserve billions in tariff revenue, according to six
current and former White House officials and others familiar with the
administration’s thinking, some of whom were granted anonymity to share details
of private conversations.
“They’re aware there are a number of different statutes they can use to recoup
the tariff authority,” said Everett Eissenstat, former deputy director of the
White House’s National Economic Council during Trump’s first term. “There’s a
lot of tools there that they could go to to make up that tariff revenue.”
The contingency planning underscores how much is at stake for Trump, who has
used the International Emergency Economic Powers Act, a 1977 law designed for
national emergencies, to impose tariffs on nearly every U.S. trading partner —
the foundation of his second-term economic agenda. The justices will weigh
whether the law gives the president broad power to impose economic restrictions
— or whether Trump has stretched it beyond what Congress intended.
If the court curtails that power, it could upend not only the White House’s
“America First” trade strategy but also the global negotiations Trump has
leveraged it to shape.
“This is all about foreign policy. This isn’t 1789 where you can clearly
delineate between trade policy, economic policy, national security policy and
defense policy. These things are all completely interconnected,” said Alex Gray,
who served as National Security Council chief of staff and deputy assistant to
the president during the first Trump administration. “To diminish the tools he
has to do that is really dangerous.”
Behind the scenes, trade and legal advisers have modeled what a partial loss
might look like — where the court upholds the use of the 1977 law in some
circumstances but not others — and what other legal means might be available to
achieve similar ends.
However, those alternatives are slower, narrower and, in some cases, similarly
vulnerable to legal challenge, leaving even White House allies to acknowledge
the administration’s tariff strategy is on shakier ground than it is willing to
publicly concede. Even a partial loss at the Supreme Court would make it much
harder for the president to use tariffs as an all-purpose tool for extracting
concessions on a number of issues, from muscling foreign companies to make
investments in the U.S. to pressuring countries into reaching peace agreements.
“There’s no other legal authority that will work as quickly or give the
president the flexibility he wanted,” said one supporter of Trump’s tariff
policies, who was part of a group that filed an amicus brief in support of his
tariffs. “They seem very confident that they’re going to win. I don’t see why
they’re confident at all. Two different courts that have ruled extremely harshly
on this.”
Still, White House aides are telegraphing confidence, convinced the justices
won’t strip Trump of his favorite negotiating tool, and certain that even if
they do, he has plenty of backup plans.
“Frankly, there’s a little bit of bravado, like, they’re not going to knock
these down,” one person close to the White House said.
A White House official, granted anonymity to discuss internal deliberations,
said the administration sees it as “a pretty clear case.”
“We’re using a law that Congress passed, in which they gave the executive branch
the authority to use tariffs to address national emergencies,” the official
said.
Aides concede that other tariff authorities are not a “one-for-one replacement”
for the emergency law, though they confirmed they are pursuing them.
In fact, the White House has already laid some of the policy groundwork under
those authorities, such as the 1970s-vintage Section 301, which the U.S. used
against China in Trump’s first term, or the Cold War-era Section 232, which
allows tariffs on national-security grounds.
The administration has launched more than a dozen 232 investigations into
whether the import of goods like lumber, semiconductors, pharmaceuticals and
critical minerals from other countries impairs national security. Since January,
Trump has used that authority to impose new tariffs on copper, aluminum, steel
and autos.
It has also opened a 301 investigation into Brazil’s trade practices, including
digital services, ethanol tariffs and intellectual property protection. It’s a
model officials say could be replicated against other countries if the court
curtails IEEPA — and could be used to pressure countries into reaffirming the
trade deals that they’ve already negotiated with the United States, or to accept
the rates that Trump has unilaterally assigned them.
But those tools come with challenges: Section 301 investigations can take months
to complete, slowing Trump’s ability to impose tariffs unilaterally or tie them
to unrelated goals like ending the war between Russia and Ukraine or stem the
flow of fentanyl across the U.S. border.
Section 232 offers broad discretion to impose tariffs on national-security
grounds, but because the levies are sector-based, they are typically applied
across a product category, limiting Trump’s ability to pressure individual
countries.
And imposing new duties on global industries like semiconductors or
pharmaceuticals, as Trump has threatened, could upend recent agreements the
administration has reached with trading partners, especially China, which
negotiated a trade truce last week.
“This detente may have weakened the president’s resolve to go forward with the
232s. We’re worse off than we were,” a second person close to the administration
said.
The U.S. has already promised to delay fees on Chinese vessels arriving at U.S.
ports following the conclusion of a Section 301 investigation on China’s
shipbuilding practices as a result of the Thursday meeting between Trump and
Chinese leader Xi Jinping. The U.S. also agreed to delay an investigation into
China’s adherence to its trade deal from Trump’s first term.
Section 122, meanwhile, allows only short-term tariffs of up to 15 percent and
for no more than 150 days unless Congress acts to extend them — a narrow clause
meant to address trade deficit emergencies. The authority could potentially
serve as a bridge between an adverse court ruling and new duties Trump wants to
put in place using other authorities.
Then there’s Section 338 — a rarely used provision that’s been on the books for
nearly a century. In theory, it could let Trump swiftly impose tariffs of up to
50 percent on any country, if he can explain how they are engaging in
“unreasonable” or “discriminatory” actions that hurt U.S. commerce. Section 338
does not require a formal investigation before a president can impose tariffs,
but would likely face similar legal challenges.
Major trading partners are betting that Trump will find a way to reimpose
tariffs, somehow. Two European diplomats, granted anonymity to discuss trade
strategy, said the countries believe that the Supreme Court won’t strike down
the global tariffs and, if it does, it won’t do much to shift the dynamic.
“Our working assumption is that the court rulings won’t change anything,” a
European official said, adding that they are still hoping the law is overturned.
Some are convinced the only way to address the tariffs permanently is for the
president to appeal to Congress, arguing that only lawmakers can decide how much
unilateral power any White House should permanently wield over global commerce.
That would be an uphill battle. At least four Republicans are openly opposed to
the global tariffs — bucking Trump in a series of symbolic votes last week. And
it’s unclear whether there’s appetite for a vote on Trump’s tariffs in the
House, which has been shielded from weighing in on the tariffs until the end of
January, after Republican leadership blocked votes on Trump’s national
emergencies.
“At the end of the day, all this comes back to Congress,” Eissenstat said.
“Maybe Congress will step up its role post hearing, post ruling. We’ll see.”
LONDON — British MPs have expressed alarm at the alleged theft of intellectual
property at the U.K. arm of chip-making giant Nexperia.
The Dutch government decided to take over the Chinese-owned company
headquartered in the Netherlands in September.
Dutch authorities believe that former Nexperia CEO, Zhang Xuezheng, had
transferred trade secrets from the company’s plant in Manchester to a site he
owned in China, according to multiple figures granted anonymity to speak about a
sensitive matter.
Zhang had also planned to lay off staff, paving the way for an effective
dismantling of European operations, the figures added.
The U.K. government declined to comment on the substance of these allegations,
which were first reported by the Dutch newspaper NRC and Reuters.
But officials suggested the government did not recognize the Dutch claims about
the theft of trade secrets from the Stockport plant.
However, senior lawmakers told POLITICO that the accusations represented a
danger to British industry, which demands closer attention.
Matt Western, a Labour MP who chairs the Joint Committee on the National
Security Strategy, said: “I’m deeply concerned by these allegations and will be
watching developments closely.”
He warned: “In the U.K., as in Europe, some of our most critical supply chains
are highly exposed to malicious actors. It’s vitally important that we ensure
businesses have all the tools they need to reinforce resilience.”
The Dutch government decided to take over the Chinese-owned company
headquartered in the Netherlands in September. | Marcel Krijgsman/EPA
He added that his committee would consider the matter as part of its inquiry on
the National Security Strategy.
The accusations deal another blow to the U.K.’s efforts to repair relations with
Beijing, after a collapsed spying case sparked a heated political row in
Westminster.
‘THIS IS WHAT CHINA DOES’
Nexperia was at the center of an earlier controversy in the U.K., when the
government ordered it to divest its acquisition of semiconductor chip firm
Newport Wafer Fab in 2022, over concerns about Chinese ownership.
China hawks argue that the allegations regarding Nexperia in Manchester
demonstrate an ongoing threat to Britain’s security.
Iain Duncan Smith, former Conservative Party leader, said: “This is what China
does all the time. It poses a threat to the way we live our lives, industry, and
the individual freedom of Hong Kong dissidents.”
Luke de Pulford, who leads the Inter-Parliamentary Alliance on China, commented:
“One wonders how many bald transgressions have to be seen before the government
accepts what every onlooker can plainly see: China presents a serious threat to
U.K. security and resilience.”
A U.K. government spokesperson said: “We are monitoring the situation closely
and remain in touch with Dutch counterparts regarding actions taken in relation
to Nexperia.”
A spokesperson for Nexperia said: “Nexperia Manchester site continues to operate
as usual,” and the measures taken by the Dutch government “have restored good
governance in the company, ensuring that no undue influence can be exercised by
the former CEO on decision making processes.”
Wingtech, which still legally owns Nexperia and is chaired by Zhang, has been
approached for comment.
At the start of October, Beijing halted the export of Nexperia components from
China, following the move by the Netherlands, sending ripples through the
Western auto industry, which uses the chips for things like locks, speedometers,
and climate control systems.
The impact is being felt at Nissan’s plants in Japan and a Honda site in Canada,
which has scaled back production as a result.
The European Automobile Manufacturers’ Association (ACEA) warned Wednesday that
production lines are “days away” from closing due to the shortage.
PARIS — French President Emmanuel Macron has told his ministers that the
European Union should consider retaliatory measures against the U.S. digital
sector after President Donald Trump threatened additional tariffs over tech
regulation and taxes, according to a senior French government official.
At his weekly Cabinet meeting on Wednesday, the French president said Europe
“should not exclude taking a look at the digital sector” following Trump’s
broadside on Monday, according to the official, who was granted anonymity to
discuss a sensitive topic.
“The European Union has a big trade deficit with the United States, we need to
focus on this,” Macron was quoted as saying, referring to the EU’s negative
trade balance in services with the United States. The bloc has a trade surplus
in goods, such as automobiles, pharmaceuticals and food that Trump wants to get
down.
A person close to Macron confirmed that exploring possible retaliation against
U.S. digital players was indeed “his stance.”
Trump threatened Monday to impose further tariffs on countries whose digital
rules, in his view, discriminate against American companies. This came weeks
after Washington and Brussels struck a trade deal that sets a baseline 15
percent tariff on EU exports to the U.S. The two sides only published a joint
statement fixing that deal last week, and Trump’s latest diatribe came as a
nasty surprise to EU officials.
The Trump administration has for months criticized the EU’s digital rulebook —
claiming that the Digital Services Act and the Digital Markets Act,
respectively, censor American citizens and unfairly target U.S. companies.
France has long been at the forefront of European calls to take a tougher line
against Trump on trade.
However, a majority of EU countries lacks the appetite to launch a full-scale
trade war, leading Brussels so far to refrain from imposing any tariff
countermeasures or activating its so-called trade bazooka, the Anti-Coercion
Instrument. This could, with the support of most member countries, be used to
restrict the intellectual property rights of U.S. tech giants or bar them from
investing in the EU.
At the height of recent transatlantic trade tensions, European Commission
President Ursula von der Leyen said that “all instruments are on the table.” |
Pool Photo by Mahesh Kumar via EPA
At the height of recent transatlantic trade tensions, European Commission
President Ursula von der Leyen said that “all instruments are on the table” to
respond to Trump, but she then shied away from taking a hard line to keep the
U.S. president engaged in efforts to end the war in Ukraine.
The French president has expressed veiled dissatisfaction with the trade deal
that was struck with Trump, letting it be known that Europe “was not feared
enough” to get a good trade deal.
According to the first official, Macron is expected to raise this issue with
German Chancellor Friedrich Merz later this week during a two-day stay in
Macron’s summer retreat Fort Brégançon and the southern city of Toulon.
Kristen Hopewell is a professor and Canada research chair in global policy at
the University of British Columbia. She is the author of “Clash of Powers” and
“Breaking the WTO.”
With U.S. President Donald Trump threatening to jack up tariffs to massive
heights starting July 9 — including 50 percent tariffs on nearly all goods from
the EU — the global economy hangs on a cliff edge.
Last week, the bloc floated the idea of creating an alternative to the World
Trade Organization (WTO), cooperating with like-minded countries to maintain the
rule of law in trade. But there is a better option: Keep the WTO, but kick out
the U.S.
Since his reelection, Trump has essentially launched a full-scale assault on the
global trading system, terrorizing countries around the world with a seemingly
endless barrage of tariffs and threats. The U.S. leader isn’t even pretending to
abide by WTO rules anymore.
Moreover, his tariffs threaten to send the world back to the 1930s, when the
spread of trade protectionism and beggar-thy-neighbor policies — spurred by
America’s Smoot-Hawley Tariff Act — exacerbated the Great Depression.
Under these circumstances, allowing the U.S. to remain a member makes a mockery
of the institution and its principles. And countries committed to preserving a
rules-based trading order need to fight back and defend the system, punishing
his blatant violation of WTO rules.
Today, the U.S. accounts for only about one-tenth of world trade. The global
trade regime can survive without it — but only if the rest of the world
continues to follow the rules. | Olivier Hoslet/EFE VIA EPA
The international legal order governing trade can only be sustained if countries
face penalties for noncompliance. But by disabling the WTO Appellate Body, the
U.S. has made it impossible to enforce global trade rules. Now, any country that
loses a WTO dispute can block the ruling by simply filing an appeal to the
defunct body. And by doing this in repeated disputes challenging its WTO-illegal
policies, the U.S. has been able to break the rules with impunity.
In addition to the substantial harm caused by Trump’s policies, the broader
danger here is that rule violation will spread, leading to the collapse of
global trade. If his brazen rule-breaking goes unpunished, why should other
countries abide by the rules?
Today, the U.S. accounts for only about one-tenth of world trade. The global
trade regime can survive without it — but only if the rest of the world
continues to follow the rules. It won’t, however, survive other countries
imitating Trump’s rule-breaking, tariffs and other protectionist measures. This
risk of contagion represents a grave threat to global economic security.
This is why WTO members must come together in a clear rejection of Trump’s trade
aggression and show that it won’t be tolerated. What once would have been
inconceivable has now become a necessity: The only way to preserve the
rules-based system is to expel or suspend the U.S.
The mechanism to do this exists. Although the WTO has no specific procedures for
expelling a member, it is possible under Article X, which sets out procedures
for amending the WTO agreement. The U.S. could be expelled from the organization
by a two-thirds majority vote to alter the agreement. If it refuses to accept
the changes, then a three-fourths majority would be required.
The U.S. shouldn’t be allowed to continue enjoying the benefits of membership
without any responsibility to uphold its obligations. And denying it the rights
of WTO membership could finally create the necessary leverage and force Trump to
abandon his destructive tariffs.
The U.S. president has repeatedly threatened to withdraw from the WTO — it’s
time to call his bluff.
The economic harm would be considerable: The U.S. would lose its access to
global markets at favorable WTO tariff rates and could be subject to tariffs
without limit. It would also lose market access for its services exports and
protections for its intellectual property, which are the foundation of America’s
contemporary economic success and its dominance in leading high-tech sectors. It
would lose the WTO’s protections against trade discrimination too, which would
allow other countries to impose export restrictions that could cut off its
supply of vital goods.
Trump has made the U.S. a rogue state on trade, showing a total disregard for
international law — and even the notion that trade should be governed by the
rule of law. Casting the U.S. out would make clear its status as an
international pariah.
It’s true, no country has been expelled from the WTO before. But the magnitude
of Trump’s rule violation is entirely without precedent, and thus demands an
unprecedented response. Without a functional Appellate Body, there’s now no
other way to enforce WTO rules against the U.S. Supporters of the rules-based
trading order should come together and seek broad support for an amendment to
suspend or revoke the U.S.’s membership.
If the U.S. comes to its senses and abandons Trump’s tariffs, showing that it’s
willing to abide by the rules, the rest of the world would happily welcome it
back to the rules-based trading system with open arms. Until then, the WTO must
take steps to counter and contain the disastrous effects of his misguided
policies.
To combat Trump, we must be prepared to construct a WTO without the U.S.
The Justice Department on Monday announced the seizure of hundreds of financial
accounts, fraudulent websites and laptops linked to a massive scheme by North
Korean operatives posing as remote workers to infiltrate top tech companies and
funnel money back to Pyongyang’s weapons program.
The major government crackdown follows recent findings by cybersecurity experts
revealing that several Fortune 500 firms were impacted by the intricate plot,
which involves North Korean operatives using stolen identities and sophisticated
AI tools to sail through the interview and hiring process. The cyber operation
has grown more prolific as remote work in the U.S. has exploded, particularly in
response to the Covid-19 pandemic.
According to the DOJ, around 100 U.S. companies have unknowingly hired workers
tied to the North Korean regime, who have also used their access to company
systems to steal U.S. intellectual property and virtual currency.
One company targeted was an unnamed California-based defense contractor that
worked on artificial intelligence-powered equipment. Some of its technical data
and files were compromised and sent abroad.
“Any government contracting company utilizing remote work could be a potential
victim in the future,” said an FBI official, granted anonymity as a condition of
speaking to reporters ahead of the announcement.
These North Korean agents are often aided by individuals running so-called
laptop farms across the U.S. According to the DOJ, 29 known or suspected laptop
farms across 16 states were searched. Around 200 laptops were seized by the FBI,
along with dozens of financial accounts and fraudulent websites used to launder
money.
Individuals from the U.S., China, United Arab Emirates and Taiwan, helped North
Korean agents successfully embed themselves inside U.S. companies, the press
release states.
U.S. national Zhenxing Wang was arrested and indicted for his involvement in a
multiyear plot that allowed overseas operatives to obtain remote IT work with
U.S. companies, generating more than $5 million in revenue. The scheme involved
stealing the identities of around 80 U.S. citizens.
“North Korean IT workers defraud American companies and steal the identities of
private citizens, all in support of the North Korean regime,” Assistant Director
Brett Leatherman of the FBI’s Cyber Division said in a statement. “Let the
actions announced today serve as a warning: if you host laptop farms for the
benefit of North Korean actors, law enforcement will be waiting for you.”
In addition, four North Korean nationals were separately indicted for allegedly
stealing $900,000 in virtual currencies from two unnamed companies based in
Georgia.
The DOJ has previously taken action against these schemes, including arresting
multiple U.S. nationals running the laptop farms over the past year. One
American woman pleaded guilty in February to hosting a laptop farm from her
home, which allowed overseas IT workers to receive more than $17.1 million for
their work.
The State Department continues to offer a $5 million reward for information that
could disrupt North Korean financial and other illicit activities.
President Donald Trump’s trade talks aren’t just about trade. They’re about tech
regulation, defense spending, critical minerals — even war and peace.
Since slapping sweeping tariffs on nearly every country in April, Trump has
turned narrow, trade-focused talks into kitchen-sink diplomatic forums. In
closed-door negotiations, the president’s top lieutenants have pressured foreign
governments to significantly increase their military budgets, upend their tax
systems and scuttle domestic legislation that could hurt U.S. businesses. The
president has even leveraged U.S.-brokered ceasefires, such as the one between
Israel and Iran, to induce other countries to buy more American goods.
It’s part of a broader effort by Trump to use tariffs not only as a tool to
boost domestic manufacturing and revenue, but as a lever to extract concessions
on a host of unrelated issues.
“Access to the American market should cost you. Additional tariffs or additional
levies — of course it makes sense to tie it to foreign policy. Why wouldn’t we?”
said former Trump adviser Steve Cortes.
“I get why countries are like, ‘What the hell? This isn’t the America we’ve been
dealing with.’ No, it isn’t,” Cortes added. “You just have to decide, is it
worth it? If it is, well, play by our rules.”
Trump sees a win-win: If countries refuse to bend to his will, he keeps his
“Liberation Day” tariffs in place, protecting domestic businesses and boosting
U.S. coffers. Case in point: Trump on Friday ended trade negotiations with
Canadain part because of its digital services tax on American tech companies
slated to start being collected Monday, which he called a “direct and blatant
attack on our Country” in a post on Truth Social.
The broad set of issues at play has frustrated other negotiations ahead of the
president’s self-imposed July 8 deadline to broker trade deals, as foreign
leaders grapple with the fact that everything is on the table when negotiating
with the United States.
The ongoing uncertainty threatens to upend the global economy, confuse American
industry, alienate U.S. allies and drive countries into the arms of China.
“It’s unprecedented, if not completely dubious,” said one official from an Asian
country, pointing to the Trump administration raising antitrust legislation in
talks with South Korea and export controls in talks with China, as an example.
The person, granted anonymity to discuss the negotiations, added: “There is no
indication it’s working, and Trump will not reverse course.”
But White House aides argue that the administration’s kitchen-sink approach
matches the scope of the problem.
“This whole thing is unprecedented. I mean, we are trying to basically reset
what’s a four or five decade-old status quo in which the United States was
basically subject to free riding by a lot of our trading partners and other
countries in the world, whether it be on trade, on defense and national
security,” said a White House official, granted anonymity to share the
administration’s thinking.
“I push back on the idea that you can silo off trade,” the official added.
“They’re all connected here.”
At the NATO summit in the Netherlands this week, Trump threatened new tariffs on
Spain after the country refused to increase its defense spending in line with
other NATO allies — even though Spain is part of the European Union and doesn’t
negotiate trade deals independently. It’s also been a hot topic in negotiations
with Japan and South Korea, which have balked at the 5 percent across-the-board
defense spending target the U.S. has set for its allies in Asia despite their
exclusion from NATO. Trump this month said the U.S., which spends roughly 3.4
percent of its GDP on defense, would not abide by the 5 percent pledge.
Trump has positioned Canadian investment in his “Golden Dome” missile defense
system for the United States as a way for the country to “prove” itself amid
ongoing trade negotiations — though the U.S. actually can’t build the
system without help from its northern neighbor.
At the same time, the U.S. is pressuring South Korea to abandon antitrust
legislative proposals aimed at regulating online platforms that are opposed by
Google, Apple and Meta. It has also, like Canada, pressured the U.K. and EU
countries to eliminate their digital services tax.
On Tuesday, Trump added another demand, suggesting that China boost purchases of
American oil as a thank you for the Israel-Iran ceasefire — an ask that comes as
the president pushes Beijing to increase its imports from the U.S. And he’s
implied that he used the cudgel of trade wars to negotiate peace between India
and Pakistan this spring, though India has disputed the suggestion.
Trump took a similar approach during his first term when he threatened hefty
levies to get Mexico to curb the flow of Central American migrants to the U.S.,
and tariffed China over “unfair practices” in part related to the theft of U.S.
intellectual property.
In his second term, Trump has built on that strategy. He levied tariffs on
Mexico, Canada and China in February aimed at curbing the tide of fentanyl and
undocumented immigrants into the U.S. He also in April threatened 25 percent
“secondary tariffs” on any country that imports oil from Venezuela, a move he
framed as targeting the country’s authoritarian leader Nicolás Maduro and the
Tren de Aragua gang.
Foreign leaders are confronting the very real possibility that if they slow walk
negotiations or abandon talks, Trump would happily slap a tariff large enough to
effectively serve as an embargo with the U.S. — cutting off access to the
world’s largest economy.
“The president feels that tariffs are leverage — leverage for the relationship,
of which trade is one component. That’s why each of these negotiations has
unique elements to it, which makes matters more unpredictable,” said one former
White House official, granted anonymity to speak candidly about the president’s
approach.
But giving into the president’s demands on non-trade issues isn’t a guarantee of
tariff relief. Trump has shown no signs that he will heed French President
Emmanuel Macron’s calls for an end to the U.S.’s trade war with the European
Union after NATO members agreed to hike defense spending to 5 percent of their
gross domestic product.
That unwillingness to significantly budge on his array of tariffs has bogged
down trade negotiations and hindered the administration from crafting
substantial trade deals. As the U.S. has set out to negotiate deals with more
than 60 trading partners, world leaders have grown increasingly frustrated with
what they say are unbalanced demands from the U.S.
Other trading partners, including the European Union, have bristled at the terms
of the UK framework and said they would not agree to a similar deal. That
arrangement left a 10 percent so-called baseline tariff in place, while laying
out a path to slash sector-specific tariffs.
The bloc isn’t alone, and Trump’s numerous demands and “do-it-or-else” approach
have made it challenging for countries to corral the domestic political support
they’ll need in order to sell any deal at home.
“If the deal gets too imbalanced, it will get a very bad reception by most of
our national public opinions,” said one European official granted anonymity to
speak candidly about the state of negotiations with the United States. “I don’t
think the EU side and countries can really accept a very imbalanced deal without
risk of it backfiring.”
But former Trump administration officials doubt the White House is about to
change course.
“I see no evidence that the administration intends to reverse or scale back its
use of this approach,” said Patrick Childress, a former U.S. Trade
Representative assistant general counsel.
KANANASKIS, Alberta — European Commission President Ursula von der Leyen on
Monday tried to find common ground with Donald Trump by criticizing China’s
export restrictions on raw materials used for cars, batteries and wind turbines.
During a session on the global economy at the G7 summit in Kananaskis, Canada,
von der Leyen slammed Beijing for disrupting global trade by deploying subsidies
to boost its own companies, according to an EU readout of the event. The chief
of the EU executive accused China of “weaponizing” its leading position in
producing and refining critical raw materials, and of ignoring global trade
rules to undercut competitors.
Since April, Beijing has significantly restricted exports of permanent magnets
and the minerals needed to make them. While that move came in response to
Trump’s tariffs on China, Beijing has applied the restrictions globally, hurting
Europe too.
“When we focus our attention on tariffs between partners, it diverts our energy
from the real challenge — one that threatens us all,” von der Leyen said in a
pointed comment aimed squarely at Trump, who sat near her at the G7 roundtable.
“On this point, Donald is right — there is a serious problem,” von der Leyen
added, encouraging the U.S. president to join forces with his allies to address
China’s trade imbalances, rather than impose tariffs on his allies.
Brussels has tried for months to convince Trump not to target the EU in his
trade war, arguing that cooperation on China’s industrial policy is the best way
to secure an even trade playing field and attempting to flatter and cajole the
American president into withdrawing his punishing levies.
China has focused on “undercutting intellectual property protections, massive
subsidies with the aim to dominate global manufacturing and supply chains. This
is not market competition — it is distortion with intent,” von der Leyen said.
The Commission chief warned against what she called “a new China shock,”
accusing Beijing of flooding global markets with cheap state-subsidized
products, and urged G7 countries to tackle its dominance in the raw materials
sector.
Von der Leyen brought a prop to the meeting: a permanent magnet, which is
crucial to Europe’s central industries, such as car and wind turbine production.
But while von der Leyen directly slammed China in her comments, the G7 as a
whole may not be so bold.
In a draft statement to be released from the summit, which POLITICO has seen,
the G7 leaders will pledge to implement a “G7 critical minerals action plan.”
But the draft doesn’t name-check China, instead obliquely mentioning “non-market
policies and practices in the critical minerals sector.”
In the days before the summit, the expectation was that the critical raw
materials statement would be the easiest to agree among the leaders gathering in
Canada, along with partner nations like South Africa, Ukraine, Brazil and India.
Von der Leyen also met with Trump separately and said the two sides would
“accelerate their work” on getting “a good and fair” trade deal.
Bill Anderson is the CEO of Bayer.
Europe was once the epicenter of progress. After centuries of the Dark Ages, a
radical new way of acquiring knowledge — the scientific method — cemented the
continent’s place at the apex of civilization.
Problem is, that was around 400 years ago.
Today, Europe is home to strong research universities and prodigious talent, but
it has been losing ground, particularly to the U.S. and China. In the 1990s, for
example, half of all new medicines originated in Europe — now, the figure’s down
to one in five. And the life sciences is just one of many such industries.
Europe must reverse this trend, and now is the time to act.
We stand on the precipice of a new world order, with increasing trade
uncertainty and multipolarity, and it’s not yet clear how things will shake out.
In this period of flux, Europe’s leaders rightly want to elevate science and
innovation to the heart of its economy. But for this to become a reality, its
member countries need to step up their game in terms of simplifying regulation.
Starting a business in Italy or Greece, for example, can take months due to
needless hurdles like in-person meetings, notary fees and bank account setups.
It’s no wonder that advances in AI are almost exclusively happening in the U.S.
and China. The biotech revolution attracts 75 percent of its talent in the U.S.
and Asia, and Brazil is at the forefront of agricultural innovation. Meanwhile
Europe is all too often sitting on the sidelines, asking “what’s allowed?”
rather than “what’s possible?”
Here’s the thing: Europe can produce world-changing innovation. In fact, some of
today’s pioneering startups, like CRISPR Therapeutics, emerged from Europe. But
thanks to a more accommodating regulatory environment, proximity to research
hubs and access to venture capital, these companies have expanded heavily in the
U.S.
This isn’t to say the U.S. is without problems, or that Europe should try to
refashion itself into Silicon Valley. In fact, Europe publishes about twice as
many scientific articles as the U.S., and is home to multiple research hubs that
foster international collaboration. However, we need a distinctly European
course correction to once again unleash Europe’s innovative spirit.
I am confident that with the right mindset and conditions, this can be done —
but not if we continue down the path of business — or rather, bureaucracy — as
usual. As last year’s Draghi report on EU competitiveness stated: “The only way
to become more productive is for Europe to radically change.”
I’ve personally had the rare privilege of working and living in five different
European countries, including in Germany for the last two years, as the CEO of
Bayer — a 160-year-old life sciences company headquartered in Germany. And we’ve
now kicked off the most radical transformation since the company’s founding.
Upending decades of tradition is not for the faint of heart, but sometimes it’s
essential. And here are a few lessons worth bearing in mind, whether modernizing
a company or a continent:
Firstly, it’s time to simplify regulations and embrace the new technologies
required to solve our biggest challenges, just like the U.S., Canada and other
countries have already done. The U.K., for example, passed a bill allowing the
development and marketing of gene-edited crops in 2023.
As last year’s Draghi report on EU competitiveness stated: “The only way to
become more productive is for Europe to radically change.” | Teresa Suarez/EFE
via EPA
On this front, we welcome the EU’s increased openness toward gene editing in
agriculture, which carries tremendous potential to help farmers adapt to climate
change. For instance, Italy showed courageous leadership last year, breaking
with two decades of policy to allow the first field trial of a gene-edited crop,
which scientists developed to improve the rice plant’s resistance to a prevalent
fungus. The rest of the continent ought to follow this lead.
Next, Europe also needs investment. While innovation in Europe has grown, prices
for pharmaceuticals have decreased. And why is it that one of the most advanced
continents, with a market of 450 million people, is seen less and less as a
place to invest for developing the drugs of tomorrow? We need to change that.
Everyone deserves reliable and affordable access to medicines, and everyone has
a role to play. Investing in research and development (R&D) is the beating heart
of the life sciences — and it comes at an enormous financial cost: More than 90
percent of pharmaceutical research ends in failure. But without R&D, our
industry would be dead on arrival and have little to offer patients. So, it’s
time for Europe to step up and view paying fair prices for new pharmaceutical
innovation as an investment in the future — not just another cost to be
minimized.
At Bayer, we operate in a new model called “dynamic shared ownership,” where
employees enjoy the autonomy to make decisions, share resources and direct their
focus toward the biggest priorities. And we’re seeing the model pay off already,
with rapid growth in our pharmaceuticals business — together, our two biggest
launch medicines have grown 80 percent in sales year over year, and one is now a
blockbuster.
The truth is, the expat scientists who come to Europe won’t have an easy time
translating their discoveries into impactful products and therapies without
systemic changes. Supporting scientists also requires robust IP protection, a
speedier regulatory framework and a better environment for high-risk,
high-reward investors.
Any innovative life sciences company in Europe would welcome these dramatic
changes to the status quo. And as the world’s economic order shifts, it’s
Europe’s turn to level the playing field.
In 50 years, will we look back on 2025 as the moment our continent rose to the
challenge and opened its arms to the future? Will we celebrate the biotech hub
of Berlin as we now do Boston, with scientists flocking there to start
companies, test cures for diseases and develop tools to help farmers feed the
world? Or will we utter a collective sigh, pondering what could have been?
It’s time to decide.