Publications

South Africa’s aggressive use of competition law to impose mandatory payments, algorithmic changes, and operational requirements on U.S. technology platforms systematically undermines American competitive advantages.

Nigeria’s Data Protection Act 2023 systematically undermines U.S. technology leadership by forcing American companies to transfer valuable technical capabilities to local entities through restrictive data transfer requirements that compress innovation cycles and erode competitive advantages.

South Africa’s digital merger guidelines systematically disadvantage U.S. technology companies by forcing mandatory notifications for transactions that fall below standard thresholds, creating regulatory barriers that divert resources from innovation while enabling smaller competitors to expand unencumbered.

Saudi Arabia’s data transfer restrictions systematically disadvantage U.S. technology companies by mandating costly compliance mechanisms and creating legal uncertainty that erodes American competitive advantages in cloud computing and digital services.

Canada’s cross-border data transfer requirements systematically disadvantage U.S. technology companies by forcing costly infrastructure fragmentation that undermines the economies of scale and innovation capabilities that drive American tech leadership.

Indonesia’s Government Regulation No. 71 of 2019 (GR71) systematically disadvantages U.S. technology companies through mandatory registration requirements, government access provisions, and complex cross-border data transfer restrictions that force American firms to divert resources from innovation to compliance.

Vietnam’s new VAT law doubles the tax rate on foreign digital platforms from 5 to 10 percent, systematically increasing compliance costs for U.S. technology companies operating without permanent establishments in the country.

India’s content moderation regulations systematically disadvantage U.S. technology companies through threshold-based requirements that force American platforms to divert resources from innovation to compliance.

Thailand’s December 2022 content moderation decree mandates U.S. technology platforms remove allegedly illegal content within 24 hours while forcing them to determine legality without judicial oversight, systematically disadvantaging American firms through operational burdens that undermine their competitive position in Southeast Asia.

Vietnam’s cross-border data transfer regulation systematically disadvantages U.S. technology companies by imposing onerous assessment requirements and granting broad enforcement powers to security agencies, creating operational burdens that undermine American firms’ ability to compete effectively in Southeast Asia’s growing digital market.