Anu Bradford - The Brussels Effect: How the European Union Rules the World

IIEA
24 Feb 202223:27

Summary

TLDRAnu Bradford, a professor at Columbia Law School, discusses the 'Brussels Effect' in an IAEA discussion, highlighting the EU's significant influence on global regulations. Despite perceptions of EU decline, Bradford illustrates how the EU's regulatory power shapes global practices across various industries. She addresses criticisms of the Brussels Effect, including concerns over innovation, protectionism, and regulatory imperialism, and speculates on the future of EU regulatory power post-Brexit.

Takeaways

  • 🌍 Anu Bradford discusses the 'Brussels Effect', which refers to the European Union's ability to regulate the global marketplace through its large and wealthy market.
  • 📈 The EU's regulatory influence extends beyond its borders due to global companies complying with EU regulations to access its market and to streamline their operations worldwide.
  • 🔍 Examples of the Brussels Effect include the GDPR's impact on global data privacy policies and European definitions of hate speech influencing content moderation on American tech platforms.
  • 🏢 The discussion highlights how European regulations affect global industries, including technology, agriculture, and manufacturing.
  • 🤔 Bradford questions why there isn't a 'Washington Effect' or 'Beijing Effect', suggesting that regulatory power requires not just a large market but also sophisticated regulatory institutions and political will.
  • 🇪🇺 The EU's regulatory power is contrasted with the U.S.'s hesitance to intervene in markets and China's growing but not yet fully realized regulatory capacity.
  • 💡 The talk addresses criticisms of the Brussels Effect, including concerns about regulation's cost, its impact on innovation, and accusations of protectionism.
  • 🌐 The potential for the Brussels Effect to spread protectionist policies is a concern, as other countries may mimic the EU's regulatory strategies.
  • 🇬🇧 Brexit's impact on the Brussels Effect is debated, with the potential for the EU to become more stringent in regulations without the UK's pro-market influence.
  • ⏳ The future of the Brussels Effect is uncertain, with considerations of economic power, regulatory capacity, and the evolving political landscape influencing its持续性 and scope.

Q & A

  • What is the 'Brussels Effect' as discussed by Anu Bradford?

    -The 'Brussels Effect' refers to the European Union's unilateral ability to regulate the global marketplace due to its large and wealthy consumer market. Companies often comply with EU regulations not only within the EU but also extend these regulations globally to avoid the cost of complying with multiple regulatory regimes.

  • How does the EU's GDPR influence global companies like Google and Apple?

    -Global companies such as Google and Apple follow the European General Data Protection Regulation (GDPR) for their privacy policies, not only when dealing with European data subjects but across the world, demonstrating the EU's regulatory influence on global practices.

  • Why does the EU's regulatory power extend beyond its borders?

    -The EU's regulatory power extends beyond its borders because companies often find it more efficient to apply EU regulations globally rather than maintain separate standards for different markets, thus transplanting European regulations worldwide.

  • What are the necessary conditions for a large market to have regulatory influence like the EU, according to Anu Bradford?

    -According to Anu Bradford, a large market needs to have not only the size but also the regulatory institutions and the political will to deploy that capacity in order to have regulatory influence like the EU.

  • How does Anu Bradford respond to the criticism that EU regulations are costly and deter innovation?

    -Anu Bradford acknowledges that some regulations may be costly and dampen innovation, but she also points out that regulation can lead to more efficient and lower-cost products. She argues that the relationship between regulation and innovation is more nuanced than often thought.

  • What is Anu Bradford's view on the criticism that the EU targets American tech companies out of protectionism?

    -Bradford counters this by noting that often it's American companies themselves that initiate complaints against their peers in the EU, and that EU actions have benefited other American companies. She suggests that the EU's actions are not necessarily driven by protectionism.

  • What is the potential risk if the EU were to use the 'Brussels Effect' as a tool for protectionism?

    -If the EU uses the 'Brussels Effect' for protectionism, it could lead to a global spread of protectionist measures, with other countries copying the EU's approach and potentially hindering global trade and innovation.

  • How does Anu Bradford address the criticism that the 'Brussels Effect' is a form of regulatory imperialism?

    -Bradford argues that the EU is only regulating its own market, which it has the sovereign right to do, and that companies choose to extend these regulations globally for efficiency. She also suggests that in some cases, EU regulations might be offsetting deficiencies in other countries' democratic processes.

  • What is the impact of Brexit on the 'Brussels Effect', as discussed by Anu Bradford?

    -Anu Bradford suggests that Brexit might not undermine the 'Brussels Effect' as much as it underscores it. The UK, despite leaving the EU, will still be significantly influenced by EU regulations because of the EU's importance as a market for UK exports.

  • How does Anu Bradford foresee the future of the 'Brussels Effect' in relation to the rise of other economic powers like China?

    -Bradford predicts that the 'Brussels Effect' may outlast the EU's economic power due to the high GDP per capita being a better predictor of regulatory willingness and ability. She suggests that China's regulatory influence may take longer to materialize due to its focus on economic growth over regulation.

Outlines

00:00

🌍 Opening Remarks and Introduction to the Brussels Effect

The video begins with Barry Colfer, the director of research at the IIA, welcoming viewers to a discussion on the Brussels Effect with Anu Bradford, a professor at Columbia Law School. They acknowledge the ongoing crisis in Ukraine and its impact on the global community. Professor Bradford is introduced as an expert in international trade law, EU law, and competition law. She has written 'The Brussels Effect', which challenges the notion that the EU is a declining power. Instead, she argues that the EU significantly influences global regulations, affecting companies worldwide, including tech giants like Google and Apple, which adhere to GDPR regardless of location. The discussion is set to cover the EU's regulatory power and its global impact.

05:03

📚 The Phenomenon of the Brussels Effect

Anu Bradford explains the concept of the Brussels Effect, which describes the EU's ability to unilaterally regulate the global marketplace. The EU's large consumer market compels global companies to comply with its regulations, often extending these regulations worldwide to avoid the costs of multiple regulatory compliances. This phenomenon is not limited to tech; it influences various sectors, including agriculture, manufacturing, and more. The EU's regulatory power stems from its market size, sophisticated regulatory institutions, and the political will to use them. In contrast, other large markets like the US and China either lack the regulatory capacity or the political will to exert similar influence.

10:03

🔄 Criticisms and Considerations of the Brussels Effect

The discussion moves to common criticisms of the Brussels Effect. Critics argue that EU regulations are costly and stifle innovation, favoring consumer satisfaction over disruptive innovation. However, Bradford counters that some regulations, like those promoting energy efficiency, can also lead to cost-effective products. Another criticism is that the EU targets American tech companies out of protectionist motives, but Bradford points out that many complaints originate from American companies themselves. Lastly, there's the political critique of 'regulatory imperialism', where the EU is seen as imposing its regulatory choices on others. Bradford argues that the EU is merely regulating its own market, and it's the global companies' decision to extend these regulations worldwide.

15:06

🇪🇺 The Future of the Brussels Effect and Brexit's Impact

Bradford contemplates the future of the Brussels Effect, suggesting that the EU's regulatory power may outlast its economic power due to high GDP per capita driving regulatory demand. She also addresses Brexit, arguing that while the UK's departure may reduce the EU's market size and regulatory capacity, it could also lead to stricter regulations as pro-market UK influence is lost. Post-Brexit, the UK remains a 'rule taker' rather than a 'rule maker', still subject to EU regulations due to the EU's importance as a trading partner. This dynamic, she suggests, undermines the UK's promise of regulatory sovereignty.

Mindmap

Keywords

💡Brussels Effect

The 'Brussels Effect' refers to the European Union's unilateral ability to regulate the global marketplace through its large consumer market. Companies often comply with EU regulations not only within the EU but also globally to avoid the cost of complying with multiple regulatory regimes. This concept is central to the video's theme, illustrating how the EU's regulatory power extends beyond its borders, influencing global business practices. An example from the script is the adherence to the General Data Protection Regulation (GDPR) by tech giants like Google and Apple, which shapes their privacy policies worldwide.

💡GDPR

GDPR stands for the General Data Protection Regulation, a regulation in EU law on data protection and privacy for individuals within the European Union and the European Economic Area. It serves as a prime example in the video of how the EU's regulatory power impacts global practices, as companies like Google and Facebook follow GDPR guidelines for data protection, not just within the EU but across the globe.

💡Regulatory Power

Regulatory power, as discussed in the video, is the ability of a governing body to influence behavior and practices through the creation and enforcement of rules and regulations. The video emphasizes the EU's regulatory power as a form of 'soft power' that shapes global standards in various sectors, from technology to agriculture, as companies often adopt EU regulations to streamline their operations worldwide.

💡Market Incentives

Market incentives in the video are depicted as the driving force behind the global adoption of EU regulations. Companies find it economically beneficial to extend EU regulations across their global operations to avoid the complexity and cost of adhering to multiple regulatory standards in different markets. This concept is integral to understanding the 'Brussels Effect' and how it operates.

💡Global Companies

Global companies are businesses that operate across international borders, often having a significant impact on the global economy. In the context of the video, these companies are key actors in the 'Brussels Effect,' as they choose to comply with EU regulations worldwide to access the EU market and to simplify their operations, thereby spreading EU regulatory influence globally.

💡EU Law

EU law encompasses the legal framework governing the European Union and its member states. The video discusses how EU law, particularly in areas like data protection and competition, has a profound impact on global business practices. The script mentions how EU regulations on hate speech and privacy are followed by major tech companies, showcasing the reach and influence of EU law beyond Europe.

💡Protectionism

Protectionism in the video is presented as a potential criticism of the 'Brussels Effect,' suggesting that EU regulations might be used to protect domestic industries at the expense of global competition. The speaker counters this by pointing out that many of the companies subject to EU regulations are not European and that the regulations often reflect broader consumer and market demands rather than protectionist policies.

💡Regulatory Capacity

Regulatory capacity refers to the ability of a government or organization to create and enforce regulations effectively. The video argues that while many countries have large markets, the EU's sophisticated regulatory institutions give it a unique capacity to shape global regulations. This capacity is a key factor in the 'Brussels Effect,' allowing the EU to convert its market power into regulatory influence.

💡Political Will

Political will, as discussed in the video, is the determination and support of political actors to implement and enforce certain policies or regulations. The video suggests that while the U.S. has the regulatory capacity, there has been a general political reluctance to intervene in markets, allowing the EU to take a more prominent role in global regulation.

💡Strategic Autonomy

Strategic autonomy in the video refers to the ability of a nation or region to make and enforce decisions that serve its interests without being unduly influenced by external powers. The concept is relevant to the discussion of the EU's regulatory power and how it might be used to protect European interests in areas like technology and data privacy.

💡Brexit

Brexit, short for 'British exit,' refers to the United Kingdom's decision to leave the European Union. The video discusses how Brexit might impact the 'Brussels Effect,' suggesting that while the UK's departure reduces the EU's market size, it also removes a pro-market voice that could have moderated EU regulations. The video concludes that Brexit may paradoxically strengthen the 'Brussels Effect' by allowing more stringent regulations to be drafted without UK influence.

Highlights

Introduction of the speaker, Anu Bradford, and her expertise in international trade law, EU law, and international competition law.

Recognition of the ongoing crisis in Ukraine and its impact on the global community.

Discussion on the concept of the 'Brussels Effect' and how the European Union regulates the global marketplace.

Examples of the EU's influence on global companies, such as GDPR's impact on privacy policies worldwide.

The EU's regulatory power extending beyond its borders due to the size of its market and the compliance of global companies.

Comparison of the EU's regulatory influence with that of the US and China, highlighting the necessity of market size, regulatory capacity, and political will.

Critique of the 'Brussels Effect' as being costly and potentially deterring innovation.

Argument that regulation can also promote competition and efficiency, contrary to the common belief that it stifles innovation.

Criticism of the EU's regulatory approach as a form of protectionism, particularly against American tech companies.

Discussion on the potential for the 'Brussels Effect' to be used as a tool for protectionism and the risks associated with it.

Concerns about the EU's regulatory power being seen as a form of 'regulatory imperialism', imposing European preferences on the rest of the world.

The role of Brexit in potentially undermining the 'Brussels Effect' and the continued influence of EU regulations on the UK.

The future of the 'Brussels Effect' and whether it will persist in the face of growing regulatory power in other regions.

The impact of Brexit on the UK's ability to influence EU regulations and the consequences of being a 'rule taker' rather than a 'rule maker'.

Conclusion on the enduring nature of the 'Brussels Effect' despite Brexit and the limitations it places on the UK's regulatory sovereignty.

Transcripts

play00:02

[Music]

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good afternoon everyone and i'm very

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pleased to welcome you to this timely

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iaea discussion my name is barry colfer

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and i'm the director of research here at

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the iia

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we're delighted to be joined today by

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anu bradford

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henry l moses professor of law and

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international organizations at columbia

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law school

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who's been generous enough to take time

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out of her busy schedule to speak with

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us

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we host this meeting whilst being highly

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conscious of the rapidly deteriorating

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situation in ukraine and in some ways

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i wonder if we should be talking about

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anything other than this situation to

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our east

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it's not for today but we recognize the

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situation and we think of those who are

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suffering

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professor bradford will speak to us for

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about 20 minutes and then we'll go to

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questions and answers with you our

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audience

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you will be able to join the discussion

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using the q a function on zoom which you

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should see on your screen please feel

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free to send questions in throughout the

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session as they occur to you and we'll

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come to them once professor bradford has

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finished her presentation

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a reminder that today's presentation and

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q a are both on the record

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please also feel free to join the

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discussion on twitter using the handle

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at iiea

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so

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to introduce our speaker

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anu bradford's research focuses on

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international trade law european union

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law and compare of an international

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competition law

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anu holds an sjd and llm from harvard

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law school and a law degree from the

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university of helsinki

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prior to her academic career she

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practiced competition and eu law in

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brussels and was an advisor at the

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finnish parliament and at the european

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parliament professor bradford is the

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author of the brussels effect how the

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european union rules the world

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and is currently working on her

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forthcoming book entitled the battle for

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the soul of the global internet

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we're really delighted that you can be

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with us today professor bradford and the

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floor is yours

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thank you so much barry and good

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afternoon everyone i am delighted to

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share this conversation with you and let

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me also

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add

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my own uh thoughts uh

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for reason and peace to to prevail i'm

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extremely concerned about the events

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unfolding i'm watching them from the

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united states none of us are insulated

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from them

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so uh uh let me just recognize that and

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uh it is part of when we discuss with

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talking about one element of power today

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but power comes in many forms and i did

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not think that we would need to be

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focusing as much on military power as we

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need to be focusing on today but um i do

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want to talk about a different type of

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power today which is regulatory power

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and let me first uh mention maybe why i

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wrote the book called the brussels

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effect how the european union rules the

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world

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and it was really my response to this

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conversation that was increasingly

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negative about the europe's role in the

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world the idea that the european union

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is inevitably a declining power

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a a past power that has little ability

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to shape the affairs of the world today

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because that is not the kind of european

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union that i encounter daily in my

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research and teaching

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so let me give you a few examples of

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where we see the european union uh

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exercising a tremendous global influence

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so if we start from here in the united

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states where i'm looking at the world

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today and we go to silicon valley west

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coast of the united states i think some

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of the most powerful companies that are

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headquartered in europe most of them in

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dublin but that really originate from

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silicon valley and operate across the

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world

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if you look at the privacy policies

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of our companies such as google or apple

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or facebook or microsoft they are

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following the european general data

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protection regulation the gdpr not only

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when they are dealing with their data

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users uh in data subjects in europe but

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across the world

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and if we stay within the technology

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industry and think about for instance

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the uh the hate speech so the kind of

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speech content that these platforms are

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taking down from their platforms they

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are not looking at the first amendment

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of u.s constitution but they are looking

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at european definition of hate speech

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and by day we are talking about facebook

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so meta these days we're talking about

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youtube uh we're talking about twitter

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so american companies again getting

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their cues from the european regulators

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and this is not just the question of

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american companies or the technology

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industry

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we also see the european law shape how

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timber is harvested in indonesia what

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kind of pesticides are used by farmers

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are in africa

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what kind of facilities chinese dairy

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factories install in those factories

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what kind of chemicals japanese toy

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manufacturers use when manufacturing

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toys

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so these are really examples of the

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european regulations shaping what we are

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producing and what we are consuming

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so these are examples of a phenomenon

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that i have called the brussels effect

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and by the brussels effect i i refer to

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the european union's unilateral ability

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to regulate the global marketplace so

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the eu is one of the largest and

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wealthiest consumer markets in the world

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and there are very few global companies

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that can afford not to trade uh in the

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eu

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so these companies need to comply with

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european regulations as the price for

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accessing the 450 million also

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relatively wealthy consumers

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that's not surprising

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where it gets interesting that often

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these companies conclude that it is in

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their interest to extend the european

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regulations across their global

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production and they they they global uh

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services and their global conduct

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because they want to avoid the cost of

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complying with multiple different

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regulatory regimes in different places

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so all the eu needs to do

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is regulate the single market it is then

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the global companies and they market

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incentives that transplant the european

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regulations across the world

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so this is what i call influence and

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what i call an element of power it is a

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certain kind of power and part of the

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book that i wrote that the conversation

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was really to uh invite a discussion of

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different forms of power so that we

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cannot make a blanket assessment that

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the european union is weak in some areas

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european union is weak

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today when dealing with ukraine european

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union is operating on the territory

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where it is substantially weaker than

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when it operates in the territory where

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it has the power and it can rely on the

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markets to actually externalize that

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power

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um so that kind of power also matters it

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does affect us every day everywhere in

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the world it affects the food we eat the

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air we breathe and the products we

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produce and consume and to me that is

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also influence and relevance and that is

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one form of important power

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so let me maybe now ask the question why

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do we talk about the brussels effect and

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north washington effect or beijing

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effect

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because european union is certainly not

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the only large market in the world

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so why do we then see europe have this

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power because ultimately any large

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economy could potentially have this

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power if you have costa rica and you

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decide to now be very stringent

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regulator of the environment the

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companies can just decide not to trade

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in costa rica but it's much harder to

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decide not to trade in european union

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but china is big the u.s is big so why

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no beijing effect and why no washington

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so what i argue in the book that it's

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not enough to have the large market that

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is the necessary precondition but that

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not that alone is not enough

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you also need to have the regulatory

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institutions that allow you to unleash

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that power of the market and convert it

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into tangible regulatory influence

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so yes you have large markets

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but for instance in china you do not yet

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have the the sophistication the

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expertise of the bureaucracy of brussels

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that is able to generate the kind of

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rules and apply them even across your

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borders the way that european union is

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able to do across the many different

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domains china is in the process of

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building that capacity but it still has

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a way to go

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the u.s on the other hand there is

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plenty of regulatory capacity residing

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in washington dc what is missing is the

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political will to deploy it

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so since about 1990s the u.s has whether

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you have a democrat or a republican

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running the white house you have had a

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general hesitation to intervene in the

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markets there has been a trend towards

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the regulation across the board

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americans like markets more there's been

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much more skepticism of the government

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to intervene so while the u.s has been

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stepping back it has been seeding the

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market for the europeans to then enter

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and take that role of the global

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regulator so the europe the americans

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have not wanted to regulate so the

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political will has not been there

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let me offer a caveat though so when we

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for instance talk about technology the

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conversation is shifting and there is

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now an increasing recognition where

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americans are re-evaluating the kind of

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techno libertarian foundations of the

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american regulatory state and there's

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certainly a different tone in the

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congress debating whether we actually

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would need to

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uh rewrite our antitrust laws with

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president biden nominating the kind of

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enforcers to his administration that are

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now willing to try the boundaries of

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existing antitrust law there's a debate

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whether finally the u.s should no longer

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be an outlier and establish and adopt a

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federal privacy law whether they should

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be rewriting the so-called section 230

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of communications decency act that would

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start exercising more discipline over

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the platforms when it comes to content

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moderation that takes place on those

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platforms so there's a different

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conversation about regulation at least

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in the domain of technology today in the

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u.s but it's a different question

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whether that would actually translate

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into the kind of political will that

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will be shown as actual concrete

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legislations

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so let's go back to you need to have the

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large market you need to have the

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regulatory capacity and you need to have

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the political will to deploy that

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capacity and currently

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across the board european union has been

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the only power that meets those criteria

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so let me now say a few words on whether

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this is a good thing or bad thing so my

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main argument in the book is that the

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brussels effect exists by explaining how

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it happens how pervasive it is and i

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leave it for the reader to decide

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whether this is something we should be

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celebrating or whether it is a matter of

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concern and i don't think there's a

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uniform answer to that but let me let me

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uh run by you three common criticisms

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that have been leveled against the

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brussels effect

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so one is this idea that regulation is

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costly

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and it also deters innovation we hear

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that over and over again from the

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companies um

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and here i would pause and take this

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criticism seriously because it may

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indeed be that some regulations are

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costly and they do dampen innovation i

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remember when i was working on the book

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i was talking to one uh tech executive

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and i asked him what is the difference

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when you deal with european and american

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regulators

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and he told me that well

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what europeans want they want us to

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satisfy the consumer need and what

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americans want they want us to change

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the world or allow the world to be

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changed

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and if every tech company innovated

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towards satisfying the existing consumer

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need as opposed to changing the world

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yes some of the most disruptive

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innovations that can be beneficial to

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the humanity would never take place so i

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do take it seriously

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at the same time i'm not willing to say

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that regulation every time leads to aaa

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lack of innovation we have a lot of

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energy efficient technologies for

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instance that are good for the

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environment but that also end up

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creating more efficient products that

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can be also lower cost products there's

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a wonderful book by a french economist

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thomas philippines who teaches at nyu

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here in new york um called the great

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reversal how america gave up on free

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markets and he shows how the lack of

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anti-trust the lack of competition

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regulation in the u.s has led to

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excessively concentrated markets to high

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profits for the companies and high

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prices for consumers whereas in europe

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there is more regulation so there is

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more competition that's why i pay a

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fraction for my flight ticket from

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brussels to madrid compared to when i

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fly from new york to chicago that's why

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my cell phone bills are so much less in

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europe than they are in america because

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there's more competition in europe

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because there is more regulation

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so this relationship being between

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regulation and innovation and efficiency

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is somewhat more nuanced than often

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thought about

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so let me now address the second

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criticism that often you hear level

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against the brussels effect and that is

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this idea that this is just a

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manifestation of european envy driven

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protectionism

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look who the europe is going after in

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all these tech cases it's always the

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american companies

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10 billion in fines against google right

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now there's a case open against apple

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against amazon against meta and against

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google

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so it is really always the american

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companies and europe is just not able to

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generate its own tech companies so it's

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trying to level the playing field and

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bring down the ones you can actually

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innovate

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so here i would remind you of

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there not being a european search engine

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that europeans are trying to protect

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they're not being really a competitive

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social media websites

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if you think about for instance google

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which was the company that first brought

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the complaint against google it was an

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american company it was microsoft if you

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think about another case that has been

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recently in in headlines uh the intel

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case who was the big winner when there

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was a fine against intel it was another

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american company amd

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so when i was speaking to the u.s

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ambassador under president obama he said

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he never lobbied in these competition

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cases

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because there were american companies on

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both sides of the dispute so often it's

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the u.s companies fighting day civil war

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in the european territory because

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washington dc has not been willing to

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extend anti-trust remedies to them

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so it's not that clear that there would

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have been protectionist impulse behind

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these regulations but again here i want

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to add the kind of caveat that i added

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when i mention how the conversation

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about regulation is shifting in the u.s

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conversation is shifting in europe and

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around the world about regulation and

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the general political environment is now

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much more hospitable to protectionism so

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there are voices growing in europe who

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are upset that the regulation has not

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been protectionist enough and calling

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for more industrial policy driven merger

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control for instance this was a big

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concern when the europeans blocked

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the the uh the notified acquisition

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attempt between siemens and austrian and

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basically suggesting that this was

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europe's opportunity to build a european

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champion that could compete against the

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chinese counterparts

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well

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commissioner festar basically said that

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look we are here to protect consumers

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this is not good for the consumers we

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are not here to conduct industrial

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policy

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french and germans were not impressed

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and they issued this manifesto calling

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for more political veto and more

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industrial policy considerations are

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into the competition policy and there's

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a broader conversation now about

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strategic autonomy digital sovereignty

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technological sovereignty there are

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pressures towards leveraging the

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brussels effect as a tool for

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protectionism

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but let me tell you one thing

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brussels effect can be effective in

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exporting regulations that are benign

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but it can also work as a tool for

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exporting protectionism should the eu

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turn its regulation as an instrument of

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protectionism i can tell you that also

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would be spreading across the world

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there will be then brazilian

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uh agency copying from the eu's playbook

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when european companies are trying to

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acquire local companies and say look

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that's what you are doing as well it's

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national champions we do not let this

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merger proceed so the you would need to

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be careful at what uh that it may get

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more than it actually bargained for

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let me now address the last criticism

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that you often hear and that is more of

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a political criticism this idea that the

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brussels attack is a manifestation of

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european regulatory imperialism we are

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writing the rules for the world and

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making the rest of the world to

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basically accept the trade-offs that

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european consumers are making when it

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comes to regulation

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and again i wouldn't dismiss this

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concern out of hand because the truth is

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that we do have african farmers

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refraining from using gmos even if they

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probably would need

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some of them those gmos to feed their

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growing populations

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we have a lot more environmentally

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friendly products a lot more

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a privacy for american consumers

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probably even more than they at least

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directly ask for so the question is

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whether we are overriding the the

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preferences of democratic governments in

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other places who no longer can draft and

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draft the rules that serve uh the the

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will of failed populations

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so here i would have two responses that

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the european union can extend so one is

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that

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european union is only regulating its

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single market

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which it has the sovereign right

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and even the sovereign obligation to do

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it is not european decision if facebook

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decides to extend european privacy

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protections to other side of the world

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as well because it is more beneficial

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and efficient for them to have uniform

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uh regulations so ultimately that's

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different from regulatory imperialism

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there's also another argument which i

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think is more controversial but it's

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also very interesting

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which is that there are many in the u.s

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who say that the current state of

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regulation doesn't actually reflect our

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democratic preferences if you look at

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the leeway that consumer that the

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corporations have through lobbying

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influencing regulation this is not

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how little privacy our consumers want

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our internet users if you look at them

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they want more privacy we just have not

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been able to generate regulations so the

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european regulations are offsetting some

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of the deficiencies in the current uh

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american

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democratic processes

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so let me return it to the q a but let

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me just make two comments on the future

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of the brussels effect so so one is that

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we should probably talk about whether

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this will last a long time even if i

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convince you that european union right

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now has this power

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will beijing effect be there ten years

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from now

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so i'm happy to take that up uh in the q

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a as well in the book i argued that the

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gdp per capita is a better predictor of

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the country's willingness and ability to

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regulate than the gdp as such there's

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going to be a long while before the

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chinese gdp per capita the wealth is at

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the level that there's demand and actual

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willingness to regulate at that same

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same level

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and um that means that the european

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regulatory power will likely outlive its

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own regulatory uh its own uh economic

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power as such

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the second is that i i would mention

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this is ireland so i think we we do

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think about brexit a lot and uh so let

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me end with the with the remark about

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brexit and how that intersects with the

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brussels effect so there was some

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argument that brexit would undermine the

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brussels effect and i understand the

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argument because we just lost a big

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chunk of the market share and the market

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size is an important first condition for

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the regulatory power that the eu can

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exercise

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um we also i would argue lost a lot of

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good regulatory capacity i think the

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braves were pretty good they were very

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good uh

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civil servants they were good judges i

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wanted them to be part of those

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conversations and they are gone

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so they lost a market share it lost

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market power and it lost some regulatory

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capacity

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what probably didn't lose was the idea

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that the uk wasn't always willing to

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support stringent regulations and that

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voice is now gone

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what it means for the proponents of

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brexit though is that it doesn't mean

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that the uk will no longer need to be

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chained to the regulations coming from

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brussels it means that there's probably

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more stringent regulations being drafted

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in brussels because the uk's pro-market

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voice is not there to shape them there's

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more space for french and german

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preferences to prevail

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yet the uk has chosen to be a rule taker

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and not a rule maker because the uk will

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continue to feel the effects of

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regulation the eu continues to be the

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most important market the export market

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for the uk it's the number one

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destination for most critical uk

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industries whether we talk about

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financial services whether we talk about

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pharmaceuticals chemicals uh aerospace

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uh and uh if you think about being a uh

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uk car manufacturer do you want to

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prepare your car so that you can sell

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them in the uk or in the market that is

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six size six times the size of your

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domestic market

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you do need the european market and the

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question is do you really want to set up

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a second production line to produce

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different variants for your domestic

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market

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so it leaves me to conclude that when it

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comes to brexit brexit doesn't really

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undermine the brussels effect it's the

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brussels effect that does undermine

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brexit and ultimately the promise of

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regulatory sovereignty

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is much curtail because of the dynamics

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underlying the brussels effect

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so let me maybe end it there because i'm

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eager to hear from the audience and

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build on any questions that i i mention

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or fail to mention and hear from you

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next

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[Music]

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you

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