The Trump administration says it is barring former European Commissioner Thierry
Breton and four other European nationals involved in curbing hate speech from
U.S. soil as part of a sanctions package targeting what it describes as digital
censorship.
The sanctions, announced Tuesday, also revoke the U.S. visas of British citizens
Imran Ahmed and Clare Melford, who respectively head the Centre for Countering
Digital Hate and the Global Disinformation Index. Ahmed, who currently lives in
Washington, faces immediate deportation, the Telegraph reported.
Germany’s Anna-Lena von Hodenberg and Josephine Ballon, leaders of Hate Aid, a
non-profit that tracks digital disinformation spread by far-right groups, are
also subject to the visa bans.
The move is the latest in a series of warning shots volleyed by the U.S. at
allies over what it views as unfair efforts to regulate American social media
and tech giants, including Elon Musk-owned X, which was slapped with a €120
million fine earlier this month for violating the bloc’s content moderation law.
In a statement, U.S. Secretary of State Marco Rubio described the targets of the
newly announced sanctions as “radical activists” who had worked to “coerce
American platforms to censor, demonetize, and suppress American viewpoints.”
Under Secretary of State for Public Diplomacy Sarah Rogers named the targets of
the package in a thread posted on X in which she underscored the Trump
Administration’s rejection of European efforts to crack down on hate speech.
Rogers justified Breton’s visa ban by naming the French official, who served
within European Commission President Ursula von der Leyen’s first
administration, as the “mastermind” behind the bloc’s landmark Digital Services
Act (DSA). That legislation has allowed the EU to level multimillion-euro fines
on American tech giants like Apple and Meta for breaking digital antitrust
rules, and to go after X for failing to curb disinformation.
She also identified Britain’s Ahmed as a “key collaborator with the Biden
Administration’s effort to weaponize the government against U.S. citizens,” and
said Melford‘s Global Disinformation Index had used taxpayer money to “exhort
censorship and blacklisting of American speech and press.” Rogers, who recently
met with representatives of the German right-wing populist Alternative for
Germany (AfD) in Washington, further named von Hodenberg and Ballon, both of
Berlin-based non-profit Hate Aid, for allegedly censoring conservative speech.
Breton responded to the sanctions with a post in which he asked if former U.S.
Senator Joseph McCarthy’s anti-communist “witch hunt” was being revived, and
pointed out that the DSA had been approved by the majority of lawmakers in the
European Parliament and unanimously backed by the bloc’s 27 member countries.
“Censorship isn’t where you think it is,” he wrote, questioning U.S. efforts to
undermine the EU’s quest to reduce the spread of disinformation.
European Commission Vice President for Industrial Strategy Stéphane Séjourné on
Wednesday backed Breton in a post in which he said “no sanction will silence the
sovereignty of the European peoples.” French Foreign Minister Jean-Noël Barrot
condemned the visa restrictions and defended the DSA, which he said ensures
“what is illegal offline is also illegal online.”
The Trump administration is openly opposed to European attempts to regulate
online platforms. Vice President JD Vance routinely rails against alleged
attempts to use digital rules to censor free speech, and earlier this month said
the EU should not be “attacking American companies over garbage.”
Tech policy professionals say actions like Tuesday’s sanctions package, and the
previous issuance of veiled threats at European companies accused of unfairly
penalizing U.S. tech giants, may amount to a negotiating tactic on the part of a
White House that wants to underscore its discontent with Europe’s regulations —
without risking new trade wars that could threaten the U.S. economy.
Tag - Antitrust
The Trump administration is lashing out at foreign laws aimed at clamping down
on online platforms that have gained outsized influence on people’s attention —
while trying to avoid launching new trade wars that could threaten the U.S.
economy.
Over the past month, U.S. officials have paused talks on a tech pact with the
United Kingdom, canceled a trade meeting with South Korean officials and issued
veiled threats at European companies over policies they believe unfairly
penalize U.S. tech giants.
Several tech policy professionals and people close to the White House say the
recent actions amount to a “negotiating tactic,” in the words of one former U.S.
trade official. As talks continue with London, Brussels and Seoul, the Office of
the U.S. Trade Representative is pressing partners to roll back digital taxes on
large online platforms and rules aimed at boosting online privacy protections —
measures U.S. officials argue disproportionately target America’s tech
behemoths.
“It’s telegraphing that we’ve looked at this deeply, we think there’s a problem,
we’re looking at tools to address it and we’re looking at remedies if we don’t
come to an agreement,” said Everett Eissenstat, who served as the director of
the National Economic Council in Trump’s first term. “It’s not an unprecedented
move, but naming companies like that and telegraphing that we have targets, we
have tools, is definitely meaningful.”
But so far, the administration has shied away from new tariffs or other
aggressive actions that could upend tentative trade agreements or upset
financial markets. And the new tough talk may not be enough to placate some
American tech companies, who are pressing for action.
One possible action, floated by U.S. Trade Representative Jamieson Greer, would
be launching investigations into unfair digital trade practices, which would
allow the administration to take action against countries that impose digital
regulations on U.S. companies.
“I would just say that’s the next level of escalation. I think that’s what
people are waiting for and looking for,” said a representative from a major tech
company, granted anonymity to speak candidly and discuss industry expectations.
“What folks are looking for is like action over the tweets, which, we love the
tweets. Everyone loves the tweets.”
Trump used similar investigations to justify raising tariffs on hundreds of
Chinese imports in his first term. But those investigations take time, and it
can be years before any increases would go into effect. Greer has also been
careful to hedge threats of new trade probes, stressing they are not meant to
spiral into a broader conflict. Speaking on CNBC’s “Squawk Box” last week, he
floated launching a trade investigation into the EU’s digital policies, but said
the goal would be a “negotiated outcome,” not an automatic path to higher
tariffs.
“I don’t think we’re in a world where we want to have some renewed trade fight
or something with the EU — that’s not what we’re talking about,” Greer said. “We
want to finish off our deal and implement it,” he continued, referring to the
trade pact the partners struck over the summer.
Greer also raised the prospect of a trade probe in private talks with South
Korea earlier this fall, saying the U.S. might have to resort to such action if
the country continues to pursue legislation the administration views as harmful
to U.S. tech firms. But a White House official clarified that the U.S. was not
yet considering such a “heavy-handed approach.”
Even industry officials aren’t certain how aggressive they want the Trump
administration to be, acknowledging that if the U.S. escalated its fight with
the EU over their tech regulations, it could spark a digital trade war that
would ultimately end up harming all of the companies involved, according to a
former USTR official, granted anonymity to speak candidly.
President Donald Trump has long criticized the tech regulations — pioneered by
the European Union and now proliferating around the globe. But he’s made the
issue a much more central part of his second-term trade agenda, with mixed
results. While Trump’s threat to cut off trade talks with Canada got Prime
Minister Mark Carney to rescind their three percent tax on revenue earned by
large online platforms, his administration has struggled to make headway with
the EU, UK and South Korea in the broader trade negotiations over tariffs.
The tentative trade deal the administration reached with the EU over the summer
included a commitment from the bloc to address “unjustified digital trade
barriers” and a pledge not to impose network usage fees, but left the scope and
direction of future discussions largely undefined. The agreement fleshed out
with South Korea this fall appeared to go even further, spelling out commitments
that regulations governing online platforms and cross-border data flows won’t
disadvantage American companies.
But none of those governments have so far caved to U.S. pressure to abandon
their digital regulations entirely, and the canceled talks and threatening
social media posts are a sign of Trump’s growing frustration.
“You won’t be surprised to know that what we think is fair treatment and what
they think is fair treatment is quite different and I’ve been quite frankly
disappointed over the past few months to see zero moderation by the EU,” Greer
said Dec. 10 at an event at the Atlantic Council.
Last week, Greer’s office amped up the rhetoric further, threatening to take
action against major European companies like Spotify, German automation company
Siemens and Mistral AI, the French artificial intelligence firm, if the EU
doesn’t back off enforcement of its digital rules. The threat came a week after
the EU fined X, the company formerly known as Twitter, $140 million for failing
to meet EU transparency rules.
Greer’s office also canceled a meeting planned for last Thursday with South
Korean officials, as South Korean lawmakers introduced new digital legislation
and held an explosive hearing on a data breach at Coupang, an
American-headquartered e-commerce company whose largest market is in South
Korea.
The South Korean Embassy denied any relationship between the Coupang hearing and
the cancellation of the recent meeting.
“Neither Coupang’s data breach, the subsequent investigation by the Korean
government, nor the National Assembly’s hearing played a role in the scheduling
of the KORUS Joint Committee,” said an embassy official.
The canceled meetings and frozen talks are significant — delaying implementation
of bare bones trade agreements and investment pledges inked in recent months.
But the Trump administration has shown little interest in blowing up the deals
its reached and reapplying the steep tariffs it threatened over the summer,
which could trigger significant retaliation and, as concerns about affordability
and inflation continue to simmer in the U.S., prove politically dicey.
Launching trade investigations at USTR or fining specific foreign companies
could be a less inflammatory move.
“What is happening is that these issues are starting to come to a head,” said
Dirk Auer, a Director of Competition Policy International Center for Law &
Economics, who focuses on antitrust issues and recently testified before
Congress on digital services laws. “At some point the administration has to put
up or shut up. They need to put their money where their mouth is. And I think
that’s what’s happening right now.”
Gabby Miller contributed to this report.
BRUSSELS — The European Commission has opened an antitrust investigation into
whether Google breached EU competition rules by using the content of web
publishers, as well as video uploaded to YouTube, for artificial intelligence
purposes.
The investigation will examine whether Google is distorting competition by
imposing unfair terms and conditions on publishers and content creators, or by
granting itself privileged access to such content, thus placing rival AI models
at a disadvantage, the Commission said on Tuesday.
In a statement, the EU executive said it was concerned that Google may have used
the content of web publishers to provide generative AI-powered services on its
search results pages without appropriate compensation to publishers, and without
offering them the possibility to refuse such use of their content.
Further, it said that the U.S. search giant may have used video and other
content uploaded on YouTube to train Google’s generative AI models without
compensating creators and without offering them the possibility to refuse such
use of their content.
The formal antitrust probe follows Google’s rollout of AI-driven search results,
which resulted in a drop in traffic to online news sites.
Google was fined nearly €3 billion in September for abusing its dominance in
online advertising. It has proposed technical remedies over that penalty, but
resisted a call by EU competition chief Teresa Ribera to break itself up.
A message from Brussels to Google: Would you break yourself up, please?
The search giant faces an early November deadline to say how it intends to
comply with a European Commission decision in September, which found that it had
illegally maintained its grip on the infrastructure that powers online
advertising.
With a €2.95 billion fine in the rearview mirror, the Commission and Google find
themselves in an unprecedented standoff as Brussels contemplates the once
unthinkable: a structural sell-off of part of a U.S. company, preferably
voluntary, but potentially forced if necessary.
The situation is “very unusual,” said Anne Witt, a professor in competition law
at EDHEC Business School in Lille, France.
“Structural remedies are almost unprecedented at the EU level,” Witt added.
“It’s really the sledgehammer.”
In its September decision, the Commission took the “unusual and unprecedented
step,” per Witt, to ask Google to design its own remedy — while signaling, if
cautiously, that anything short of a sale of parts of its advertising technology
business would fall foul of the EU antitrust enforcer.
“It appears that the only way for Google to end its conflict of interest
effectively is with a structural remedy, such as selling some part of its Adtech
business,” Executive Vice President Teresa Ribera, the Commission’s competition
chief, said at the time.
As the clock counts down to the deadline for Google to tell the Commission what
it intends to do, the possibility of a Brussels-ordered breakup of an American
tech champion is unlikely to go unnoticed in Washington, even as the Donald
Trump administration pursues its own case against the search giant. (Google
accounts for 90 percent of the revenues of Alphabet, the $3.3 trillion
technology holding company headquartered in Mountain View, California.)
Executive Vice President Teresa Ribera, the Commission’s competition chief. |
Thierry Monasse/Getty Images
Google has said that it will appeal the Commission’s decision, which in its view
requires changes that would hurt thousands of European businesses. “There’s
nothing anticompetitive in providing services for ad buyers and sellers, and
there are more alternatives to our services than ever before,” Lee-Anne
Mulholland, its vice president and global head of regulatory affairs, wrote in a
blog post in September.
PARALLEL PROBES
The proposal for a voluntary break up of Google marks the culmination of a
decade of EU antitrust enforcement in digital markets in which “behavioral”
fixes achieved little, and a unique alignment in both timing and substance
between the U.S. and the EU of their parallel probes into the firm’s ad tech
empire.
“It would have been unthinkable 10 years ago that there would be a case in the
U.S. and a sister case in Europe that had a breakup as a potential outcome,”
said Cori Crider, executive director of the Future of Tech Institute, which is
advocating for a break-up.
The Commission formally launched the investigation into Google’s ad tech stack
in 2021, following a drumbeat of complaints from news organizations that had
seen Google take control of the high-frequency exchanges where publishers and
advertisers agree on the price and placement of online ads.
Google’s control of the exchanges, as well as infrastructure used by both sides
of the market, was like allowing Goldman Sachs or Citibank to own the New York
Stock Exchange, declared the U.S. Department of Justice in its lawsuit in 2023.
It also created a situation in which cash-strapped news organizations on both
sides of the Atlantic saw Google eating an increasing share of revenues from
online advertising — and ultimately posing a threat to journalism itself.
“This is not just any competition law case — this is about the future of
journalism,” said Alexandra Geese, a German Green member of the European
Parliament. “Publishers don’t have the revenue because they don’t get traffic on
their websites, and then Google’s algorithm decides what information we see,”
she said.
The plight of publishers proved hefty on the other side of the Atlantic too.
In April, the federal judge overseeing the U.S. government’s case against Google
ruled that the search giant had illegally maintained its monopoly over parts of
the ad tech market.
A spokesperson for the company said that the firm disagrees with the
Commission’s charges. | Nurphoto via Getty Images
The Virginia district court held a two-week trial on remedies in September. The
Trump administration has advocated a sale of the exchanges and an unwinding of
Google’s 2008 merger with DoubleClick, through which it came to dominate the
online ad market. Judge Leonie Brinkema will hear the government’s closing
arguments on Nov. 17 and is expected to issue her verdict in the coming months.
STARS ALIGN
Viewed by Google’s critics, it’s the ideal set of circumstances for the
Commission to push for a muscular structural remedy.
“If you cannot go for structural remedies now, when the U.S. is on the same
page, then you’re unlikely to ever do it,” said Crider.
The route to a breakup may, however, be both legally and politically more
challenging.
Despite the technical alignment, and a disenchantment with the impact that past
fines and behavioral remedies have had, the Commission still faces a “big
hurdle” when it comes to the legal test, should it not be satisfied with
Google’s remedy offer, said Witt.
The U.S. legal system is more conducive to ordering breakups, both as a matter
of law — judges have a wide scope to remedy a harm to the market — and in
tradition, said Witt, noting that the U.S. government’s lawsuits to break up
Google and Meta are rooted in precedents that don’t exist in Europe.
Caught in the middle is Google, which should file its proposed remedies within
60 days of being served notice of the Commission decision that was announced on
Sept. 5.
A spokesperson for the company said that the firm disagrees with the
Commission’s charges, and therefore with the notion that structural remedies are
necessary. The firm is expected to lodge its appeal in the coming days.
While Google has floated asset sales to the Commission over the course of the
antitrust investigation, only to be rebuffed by Brussels, the firm does not
intend to divest the entirety of its ad tech stack, according to a person
familiar with the matter who was granted anonymity due to the sensitivity of the
case.
Ultimately, what happens in Brussels may depend on what happens in the U.S.
case.
While a court-ordered divestiture of a chunk of Google’s ad tech business is
conceivable, U.S. judges have shown themselves to be skeptical of structural
remedies in recent months, said Lazar Radic, an assistant law professor at IE
University in Madrid, who is affiliated with the big tech-friendly International
Center for Law and Economics.
“Behavioral alternatives are still on the table,” said Radic, of the U.S. case.
The Commission will likely want to align itself with the U.S. should the
Virginia court side with the Department of Justice, said Damien Geradin, legal
counsel to the European Publishers Council — of which POLITICO parent Axel
Springer is a member — that brought forward the case. Conversely, if the court
opts for a weaker remedy than is being proposed, the Commission will be obliged
to go further, he said.
“This is the case where some structural remedies will be needed. I don’t think
the [European Commission] can settle for less,” said Geradin.
BRUSSELS — A bid to revive a European football Super League is unlikely to find
a sympathetic audience in Brussels despite the court victory the breakaway
contest scored last week.
A Spanish appeals court called foul on European football’s organizing body,
ruling that UEFA had illegally stifled an attempt by a dozen top clubs from
Spain, Italy and England to form their own contest.
The EU “will continue to advocate for the strengthening of our sport model, our
national leagues and grassroot sport,” Glenn Micallef, commissioner for culture
and sport, said in a statement to POLITICO reacting to the judgment.
The Maltese commissioner said the EU executive would continue to work with UEFA
and LaLiga — the European and Spanish federations found by the Madrid court to
have breached EU competition law — in order to ensure that money is
redistributed from the top clubs to amateur leagues.
In June, the Spanish competition authority opened an antitrust investigation
into UEFA’s conduct, a case which observers — including a former advocate
general — think should be taken up by the European Commission.
“[The Super League] contradicts the principles of the European Sports Model and
collapsed in 2021 because it was a bad idea from the start,” said Micallef,
noting that it was rejected by fans, players and governments across Europe at
the time.
The commissioner’s comment follows the European Parliament’s adoption of a
resolution in October that stated the legislative body’s opposition to
“breakaway competitions.”
Both Real Madrid and A22 Sports Management have said that they will seek damages
from UEFA following the court ruling.
Both Real Madrid and A22 Sports Management have said that they will seek damages
from UEFA following the court ruling. | Sven Hoppe/Getty Images
Despite the Super League’s collapse in 2021, its backers have continued to try
to organize a breakaway competition.
In response to last Wednesday’s judgment, A22 said that it had held extensive
discussions with UEFA officials aimed at creating an open, cross-border football
competition, but that the Switzerland-based federation “refused to pursue a
compromise.”
“UEFA is clearly legally obliged to recognise A22’s right to organize
competitions on an equal footing with their own,” the firm said in a statement.
UEFA has said that it will carefully review the judgment before deciding on
further steps.
BRUSSELS — Europe is finally firing back at Elon Musk.
Aerospace companies Airbus, Leonardo and Thales said Thursday they had reached a
preliminary agreement to combine their space activities to create the kind of
European champion that Commission President Ursula von der Leyen has envisaged.
Announcing “a leading European player in space,” the companies said they would
combine their satellite and space systems manufacturing into a €6.5 billion
business that will employ around 25,000 people across Europe.
The three-way deal seeks to create a challenger to Musk’s SpaceX — especially in
low-earth orbit satellites of the type that power his Starlink internet service.
SpaceX’s projected 2025 revenue is around $15 billion.
The deal — initially named Project Bromo after a volcano in Indonesia — has been
a long time coming. Talks among the three companies were complicated by the
involvement of five governments as shareholders or partners. And winning
antitrust approval was always going to be a tall order.
France, Italy, Germany, Spain and the U.K. will all have an interest in the new
company, which will be headquartered in Toulouse in southern France but will be
split out into five different legal entities to preserve sovereign interests.
The governance structure mirrors that of European missilemaker MDBA.
Airbus, the European aerospace giant, will own a 35 percent stake, while
Leonardo of Italy and Thales of France will own 32.5 percent each. There will be
a sole yet-to-be-named CEO and managing directors for each country, an Airbus
spokesperson told POLITICO.
French Economy Minister Roland Lescure hailed the announcement as “excellent
news.” “The creation of a European satellite champion allows us to increase
investment in research and innovation in this strategic sector and reinforce our
sovereignty in a context of intense global competition,” he said in a post on
Bluesky.
Sounding rather less enthusiastic, a spokesperson for German Economy Minister
Katherina Reiche said Berlin was following the possible consolidation of the
European aerospace industry “with great interest” and was in touch with Airbus
and its defense subsidiary.
LEAGUE OF CHAMPIONS
France and Germany have been vocal on the need to create continental champions —
with industry chiefs from both countries recently issuing a joint appeal to
Brussels to relax its merger rules to enable companies to gain scale and compete
in a global setting.
In a twist of irony, the deal involves a company — Airbus — that is widely seen
as the only European corporate champion ever built. With roots dating back to
1970, Airbus was created in its current incarnation through a
Franco-German-Spanish merger in 2000. France and Germany each own 10 percent
stakes and Spain 4 percent.
Italy has a 30 percent stake in Leonardo, which in turn owns 33 percent of
Thales Alenia Space.
The new company will pool, build and develop “a comprehensive portfolio of
complementary technologies and end-to-end solutions, from space infrastructure
to services.” It is expected to generate annual synergies producing “mid triple
digit million euro” operating income five years after closing, which is expected
in 2027, according to a press release.
MERGER HURDLE
The tie-up requires a green light from the Commission’s competition directorate,
which will have to weigh the tension between its current rulebook for reviewing
mergers and von der Leyen’s desire to pick European winners.
The joint venture would compete with overseas players on satellites for
commercial telecommunications. However, it would face scant competition for
military and public procurement tenders in the EU, for example with the European
Space Agency (ESA). These are typically restricted to home-grown bidders.
Rolf Densing, ESA’s director of operations, has voiced concerns that the deal
would leave the agency with limited options for sourcing satellite contracts.
Germany’s OHB would be left as its last remaining competitor. OHB’s CEO Marco
Fuchs has warned that the deal threatens to create a monopoly that would harm
customers and European industry.
That could herald a rerun of the tensions that the Commission faced when it
blocked a Franco-German train industry merger between Siemens and Alstom in 2019
— although today the political environment is more favorable to the companies.
The Commission’s competition directorate is under pressure to broaden its views
on mergers to take into account the bloc’s wider push for growth and an
increased capacity to compete with U.S. and Chinese players. A review of the
bloc’s merger guidelines is due next year, according to the Commission’s latest
work program.
Alexandre Léchenet in Paris and Tom Schmidtgen in Berlin contributed reporting.
Mario Monti is a former prime minister of Italy and EU commissioner.
The European Commission sanctioned Google on Sept. 5, for abusing its dominant
position in the bloc’s advertising technology market. The sanction had two
components: a €2.95-billion fine, as well as the obligation of introducing
changes to the company’s business model that will ensure the discontinuation of
the abuse.
In reaction, U.S. President Donald Trump issued a statement on how “Europe today
‘hit’ another great American company.” Taking to social media, he warned: “We
cannot let this happen to brilliant and unprecedented American ingenuity and, if
it does, I will be forced to start a Section 301 proceeding to nullify the
unfair penalties being charged to these taxpaying American companies” — a
proceeding that would presumably lead to the imposition of tariffs by the U.S.
But, with all due respect, Trump is missing a key point: There is no
discrimination here. The Commission sanctions cases of abuse of dominance that
take place in the EU market, whether they’re carried out by EU or non-EU
companies.
More to the point, this is exactly what the U.S. antitrust authorities do with
respect to the U.S. market. Incidentally, just yesterday, the Federal Trade
Commission in Washington opened an investigation into the advertising practices
of Google and Amazon, much along the lines set out by the Commission.
We’ve been here before — and with the same players too.
Let’s rewind 20 years to when I was Competition commissioner: In 2004, the
Commission sanctioned Microsoft after a long investigation involving
constructive discussions with Co-founder Bill Gates, then-CEO Steve Ballmer and
then-General Counsel Brad Smith, among many others. Eventually, it imposed a
fine of almost €500 million and, more importantly, ordered changes to the
company’s business model.
Interestingly, the complaints that prompted the investigation mainly came from
U.S. companies, including the start-ups of the early days of the internet
economy. They were complaining that Microsoft, which had — through its merits —
legally earned a highly dominant position in operating systems for personal
computers, was leveraging its position onto neighboring markets by obstructing
other companies in a variety of ways, thus stifling innovation.
In fact, I remember one such U.S. start-up — only about three years old when we
began our investigation — had a rather intriguing name: Google. And I remember
then-CEO Eric Schmidt visiting the Commission to praise our “courage.”
The European Commission sanctioned Google on Sept. 5, for abusing its dominant
position in the bloc’s advertising technology market. | Beata Zawrzel/Getty
Images
Incidentally, European corporate leaders, who sometimes urge the Commission to
be less rigorous in its enforcement of competition rules, should also keep these
past cases in mind — especially if they want a more innovative and competitive
European economy, as we all do. Perhaps they should put the issue into a broader
perspective and think twice.
With its Microsoft decision, the Commission — followed by several other
competition authorities across the world — allowed for the emergence of Google
and other start-ups to become hugely successful. In fact, it put pressure on
Microsoft to change its behavior and embrace a corporate culture building on
collaboration rather than monopolization, supporting open-source projects and
fostering partnerships with other companies.
And many analysts believe it is these changes, stimulated by the past
determination of competition authorities, that help explain Microsoft’s success
over the last decade, under the leadership of CEO Satya Nadella.
Against this backdrop, Trump’s view that EU competition policy is driven by
discriminatory motivations against U.S. companies is simply unfounded. What’s
true is that in any national or supranational context like the EU, institutions
such as competition authorities and central banks have been set up in the
eminent American tradition — dating back to the late 19th century (with the
Sherman Anti-Trust Act of 1890) and the early 20th century (with the Federal
Reserve Act of 1913) — precisely with the goal preventing these abuses, whether
by companies in the marketplace or by governments abusing future generations via
high inflation.
Of course, it’s no surprise that leaders with an autocratic vision wouldn’t feel
at ease with institutions entrusted by governments and parliaments of the past
with preventing power from becoming absolute. But it was the U.S. that set
postwar Germany, and later the EU, on this track.
When occupying the country after World War II, America imposed the creation of
two institutions on the newly born Federal Republic of Germany: First, the
Deutsche Bundesbank — an independent central bank modeled on the Federal Reserve
System, meant to avoid a repetition of the hyperinflation that contributed to
the advent of Nazism. Second, the Bundeskartellamt competition authority,
modeled on the Federal Trade Commission and the Antitrust Division of the
Department of Justice, with the power to prevent the reemergence of cartels and
trusts in heavy industry — another factor that had contributed to Hitler’s
aggression and World War II.
Then, at Germany’s request — and on the basis of the country’s democratic and
economic resurgence — these two institutions were transposed to the EU level.
So, today we must thank the U.S. not only for its decisive help in saving the
continent from Nazism and Fascism and protecting it from Soviet Communism, but
also for injecting postwar Europe with such powerful antidotes to the
aberrations of the past.
Perhaps Trump might forgive us if we aren’t ready to give up this great American
legacy.
HOW DONALD TRUMP
BECAME PRESIDENT
OF EUROPE
The U.S. president describes himself as the European Union’s de facto leader. Is
he wrong?
By NICHOLAS VINOCUR
Illustration by Justin Metz for POLITICO
European federalists, rejoice! The European Union finally has a bona fide
president.
The only problem: He lives at 1600 Pennsylvania Avenue in Washington, D.C., aka
the White House.
U.S. President Donald Trump claimed the title during one of his recent
off-the-cuff Oval Office banter sessions, asserting that EU leaders refer to him
as “the president of Europe.”
The comment provoked knowing snickers in Brussels, where officials assured
POLITICO that nobody they knew ever referred to Trump that way. But it also
captured an embarrassing reality: EU leaders have effectively offered POTUS a
seat at the head of their table.
From the NATO summit in June, when Trump revealed a text message in which NATO
Secretary General Mark Rutte called him “daddy,” to the EU-U.S. trade accord
signed in Scotland where EU leaders consented to a deal so lopsided in
Washington’s favor it resembled a surrender, it looks like Trump has a point.
Never since the creation of the EU has a U.S. president wielded such direct
influence over European affairs. And never have the leaders of the EU’s 27
countries appeared so willing — desperate even — to hold up a U.S. president as
a figure of authority to be praised, cajoled, lobbied, courted, but never openly
contradicted.
In off-the-record briefings, EU officials frame their deference to Trump as a
necessary ploy to keep him engaged in European security and Ukraine’s future.
But there’s no indication that, having supposedly done what it takes to keep the
U.S. on side, Europe’s leaders are now trying to reassert their authority.
On the contrary, EU leaders now appear to be offering Trump a role in their
affairs even when he hasn’t asked for it. A case in point: When a group of
leaders traveled to Washington this summer to urge Trump to apply pressure to
Russian President Vladimir Putin (he ignored them), they also asked him to
prevail on his “friend,” Hungarian Prime Minister Viktor Orbán, to lift his
block on Ukraine’s eventual membership to the EU, per a Bloomberg report.
Trump duly picked up the phone. And while there’s no suggestion Orbán changed
his tune on Ukraine, the fact that EU leaders felt compelled to ask the U.S.
president to unstick one of their internal conflicts only further secured his
status as a de facto European powerbroker.
“He may never be Europe’s president, but he can be its godfather,” said one EU
diplomat who, like others in this piece, was granted anonymity to speak
candidly. “The appropriate analogy is more criminal. We’re dealing with a mafia
boss exerting extortionate influence over the businesses he purports to
protect.”
“BRUSSELS EFFECT”
It was not long ago that the EU could describe itself credibly as a trade
behemoth and a “regulatory superpower” able to command respect thanks to its
vast consumer market and legal reach. EU leaders boasted of a “Brussels effect”
that bent the behavior of corporations or foreign governments to European legal
standards, even if they weren’t members of the bloc.
Anthony Gardner, a former U.S. ambassador to the EU, recalls that when
Washington was negotiating a trade deal with the EU known as the Transatlantic
Trade and Investment Partnership in the 2010s, the U.S. considered Europe to be
an equal peer.
“Since the founding of the EEC [European Economic Community], America’s position
was that we want a strong Europe,” said Gardner. “And we had lots of
disagreements with the EU, particularly on trade. But the way to deal with those
is not through bullying.”
One sign of the EU’s confidence was its willingness to take on the U.S.’s
biggest companies, as it did in 2001 when the European Commission blocked a
planned $42 billion acquisition of Honeywell by General Electric. That was the
beginning of more than a decade of assertive competition policy, with the bloc’s
heavyweight officials like former antitrust czar Margrethe Vestager
grandstanding in front of the world’s press and threatening to break up Google
on antitrust grounds, or forcing Apple to pay back an eye-watering €13 billion
over its tax arrangements in Ireland.
Compare that to last week, when the Commission was expected to fine Google for
its search advertising practices. The decision was at first delayed at the
request of EU Trade Commissioner Maroš Šefčovič, then quietly publicized via a
press release and an explanatory video on Friday afternoon that did not feature
the commissioner in charge, Teresa Ribera. (Neither move prevented Trump from
announcing in a Truth Social post that his “Administration will NOT allow these
discriminatory actions to stand.”)
“I’ve never seen anything like this in my entire career at the Commission,” said
a senior Commission official. “Trump is inside the machine at this point.”
Since Trump’s reelection, EU leaders have been exceptionally careful in how they
speak about the U.S. president, with two options seemingly available: Silence,
or praise.
“At this moment, Estonia and many European countries support what Trump is
doing,” Estonian President Alar Karis said in a recent POLITICO interview,
referring to the U.S. president’s efforts to push Putin toward a peace with
Ukraine. Never mind the fact that the Pentagon recently axed security funding
for countries like his and is expected to follow up by reducing U.S. troop
numbers there too.
It became fashionable among the cognoscenti ahead of the NATO summit in June to
claim that the U.S. president had done Europe a favor by casting doubt on his
commitment to the military alliance. Only by Trump’s cold kiss, the thinking
went, would this Sleeping Beauty of a continent ever “wake up.”
As for Mark Rutte’s “Daddy” comment — humiliatingly leaked from a private text
message exchange by Trump himself — it was a clever ploy to appeal to the U.S.
president’s ego.
Unfortunately for EU leaders, the pretense that Trump somehow has Europe’s
interests in mind and was merely doling out “tough love” was dispelled just a
few months later when European Commission President Ursula von der Leyen signed
the EU-U.S. trade deal in Turnberry, Scotland. This time, there was no
disguising the true nature of what had transpired between Europe and the U.S.
The wolfish grins of Trump White House bigwigs Stephen Miller and Howard Lutnick
on the official signing photograph told the whole story: Trump had laid down
brutal, humiliating terms. Europe had effectively surrendered.
Many in Brussels interpreted the deal in the same way.
“You won’t hear me use that word [negotiation]” to describe what transpired
between Europe and the U.S., veteran EU trade negotiator Sabine Weyand told a
recent panel.
BLAME GAME
As EU officials settle in for la rentrée, the shock of these past few months has
led to finger-pointing: Does the blame for this double whammy of subjugation lie
with the European Commission, or with the EU’s 27 heads of state and government?
It’s tempting to point to the Commission, which, after all, has an exclusive
mandate to negotiate trade deals on behalf of all EU countries. In the days
leading up to Turnberry, von der Leyen and her top trade official, Šefčovič,
could theoretically have taken a page from China’s playbook and struck back at
the U.S. threat of 15 percent tariffs with tariffs of their own. Indeed, the
EU’s trade arsenal is fully stocked with the means to do so, not least via the
Anti-Coercion Instrument designed for precisely such situations.
But to heap all the blame on the doorstep of the Berlaymont isn’t fair, argues
Gardner, the former U.S. ambassador to the EU.
The real architects of Europe’s summer of humiliation are the leaders who
prevailed on the Commission to go along with Trump’s demands, whatever the cost.
“What I am saying is that the member states have shown a lack of solidarity at a
crucial moment,” said Gardner.
The consequences of this collective failure, he warns, may reverberate for
years, if not decades: “The first message here is that the most effective way
for big trading blocs to win over Europe is to ruthlessly use leverage to divide
the European Union. The second message, which maybe wasn’t fully taken into
account: Member states may be asking themselves: What is the EU good for if it
can’t provide a shield on trade?”
The same goes for regulation: Trump’s repeated threates of tariffs if the bloc
dares to test his patience reveal the limits of EU sovereignty when it comes to
the so-called “Brussels effect.” And that leaves the bloc in desperate need of a
new narrative about its role on the world stage.
The reasons why EU leaders decided to fold, rather than fight, are plain to see.
They were laid bare in a recent speech by António Costa, who as president of the
European Council convenes the EU leaders in their summits. “Escalating tensions
with a key ally over tariffs, while our eastern border is under threat, would
have been an imprudent risk,” Costa said.
But none of this answers the question: What now?
If Europe has already ceded so much to Trump, is the entire bloc condemned to
vassalhood or, as some commentators have prophesied, a “century of humiliation”
on par with the fate of the Qing dynasty following China’s Opium Wars with
Britain? Possibly — though a century seems like a long time.
Among the steaming heaps of garbage, there are a few green shoots. To wit: The
fact that polls indicate that the average European wants a tougher, more
sovereign Europe and blames leaders rather than “the EU” for failing to deliver
faster on benchmarks like a “European Defense Union.”
Europe’s current leaders (with a few exceptions, such as Denmark’s Mette
Frederiksen) may be united in their embrace of Trump as Europe’s Godfather. But
there is one Cassandra-like figure who refuses to let them off the hook for
failing to deliver a more sovereign EU — former Italian prime minister and
European Central Bank chief Mario Draghi.
Author of the “Draghi Report,” a tome of recommendations on how Europe can pull
itself back up by the bootstraps, the 78-year-old is refusing to go quietly into
retirement. On the contrary, in one speech after another, he’s reminding EU
leaders that they were the ones to ask for the report they are now ignoring.
Speaking in Rimini, Italy, last month, Europe’s Cassandra summed up the
challenge facing the Old World: In the past, he said, “the EU could act
primarily as a regulator and arbiter, avoiding the harder question of political
integration.”
“To face today’s challenges, the European Union must transform itself from a
spectator — or at best a supporting actor — into a protagonist.”
BRUSSELS — Ursula von der Leyen is beefing up competition capacity in her
Cabinet, as antitrust gets dragged deeper into trade tensions with the United
States and the EU continues to strive for a bloc-wide industrial policy.
Michele Piergiovanni, an Italian official who advised former competition chief
Margrethe Vestager, is set to join the European Commission president’s Cabinet,
POLITICO first reported on Wednesday. A Commission spokesperson confirmed the
move and said that Piergiovanni will advise the president on competition and
economic issues.
The move could signal an imminent departure of von der Leyen’s current antitrust
and digital adviser, Anthony Whelan. The seasoned Irish official was appointed
last year to lead the competition directorate’s state aid department, but never
took up the role as he has been jealously guarded by the president’s Cabinet.
Piergiovanni’s appointment also signals the president’s heightened attention to
a policy area that has become increasingly political, both externally, in the
context of transatlantic trade tensions, and internally, as the bloc looks to
revisit rules on mergers and public industry funding in an effort to boost
economic growth.
Earlier this week, the Commission halted an antitrust decision targeting search
giant Google under U.S. pressure in trade talks.
The EU executive is also under increasing pressure to bend rules on public
industry funding — or state aid — to allow EU countries to funnel cash into
their industries. There are also calls to relax merger rules to allow companies
to become bigger and compete on the global stage as European champions.
Piergiovanni, who joined the Commission in 2011 from a top American law firm in
Brussels, knows a thing or two about European champions. In 2018, he was
appointed to lead the competition department’s work on the most controversial
merger of the decade, the Franco-German attempt to merge Siemens and Alstom to
create a continental rail giant, which was ultimately blocked. The decision to
deny the deal infuriated France and Germany while becoming the poster child of
the competition directorate’s strict enforcement.
A loyal and rigorous official from Italy’s northern coastal region of Liguria,
Piergiovanni will be a solid link between the top of the EU executive and the
competition directorate, which recently said goodbye to its top official,
Frenchman Olivier Guersent. “Don’t scratch the Rolls-Royce,” were Guersent’s
parting words to his successor. The Rolls-Royce, is, of course, DG COMP, which
the official described as the most prized directorate to work in, but also an
area which should remain immune from political interference and corporate
pressure.
Giovanna Faggionato contributed to this report.
A U.S. federal judge on Tuesday refused to break up Google for monopolizing the
online search and ad markets, and instead imposed lesser restrictions on the
tech company’s day-to-day operations.
District Judge Amit Mehta in Washington rejected the Justice Department’s
request to force the $2.5 trillion company to spin off its Chrome browser and
Android products. While Google dodged the most severe possible outcome, the
judge ordered that the company must share some of its search data with
competitors, a penalty that was still narrowed in scope from what the government
asked for.
Breaking up Google would have immediately made this the largest antitrust remedy
in modern history, with the case drawing comparisons to the 1984 breakup of AT&T
and the government’s failed bid to split Microsoft in the early 2000s.
The decision offers a glimmer of hope for other tech companies facing potential
breakups of their businesses, including Meta, Amazon and Apple.
Mehta ruled last August that Google locked up 90 percent of the internet search
market through a partnership with Apple to be the default search provider on its
Safari web browser. Google had similar agreements with handset makers and mobile
carriers like Samsung and Verizon.
Mehta also found that Google illegally monopolized the market for ads displayed
next to search results.
That decision came after a 10-week bench trial, and set up what’s called a
remedy trial, which took place in April. It was during that second trial that
the Justice Department asked Mehta to break up the company to resolve its
illegal monopoly.
The case spanned two administrations, starting under President Donald Trump’s
first term, going to trial under former President Joe Biden, and now Google has
pledged to appeal in Trump’s second administration.
Google also faces another remedy trial in September for maintaining what a
federal judge ruled in April was an illegal monopoly in the almost $300 million
U.S. market for digital ads. Judge Leonie Brinkema of the Eastern District of
Virginia said Google maintained its monopoly by tying together its ad server
business, used by online publishers to manage ad sales on their sites, and its
ad exchange business, which auctions off digital advertising space on websites.
Google claimed it won half the case and vowed to appeal the other half.
Other major antitrust cases remain in the wings that could also drastically
reshape the way the tech industry operates in America and across the globe.
These cases and investigations come as lawmakers and regulators are worried
about tech companies cornering the market for artificial intelligence in a
similar fashion as what happened with e-commerce, social media and online
search.
Amazon is slated to go to trial in early 2027 over claims it squashes
competition to rip off sellers and consumers while peddling a subpar shopping
experience riddled with confusing advertisements.
Apple faces claims its billions of iPhones sold since 2007 were designed to lock
users into its products while raising costs for consumers, developers and
artists, among others. Depositions and discovery in that case are scheduled
through early 2027.
And chipmaker Nvidia is the subject of a Justice Department investigation over
its purchase of AI start-up Run:ai.