Competition regulation

Apple and Samsung brace for impact as US tariffs take effect

US President Donald Trump has announced new import tariffs that could significantly impact smartphone prices and the profit margins of leading manufacturers.

Apple and Samsung, which dominate United States smartphone sales, are particularly vulnerable due to their heavy reliance on production in China and Vietnam. Under the new tariff scheme, China faces a 34 per cent import levy, while Vietnam is subject to a 46 per cent fee.

Industry analysts warn that if the tariffs remain unchanged, consumers will likely see higher prices on smartphones and other electronic devices.

Ben Wood, chief analyst at CCS Insight, noted that Apple and Samsung may attempt to cushion some of the added costs, but this would put pressure on their profit margins.

Foxconn, Apple’s primary manufacturing partner, has been shifting production to India in an effort to reduce reliance on China. However, India is also affected by the tariffs, facing a 26 per cent reciprocal rate.

Samsung faces similar challenges, with limited options to offset the impact of the new tariffs. Even if the company moved all production back to South Korea, it would still be subject to a 25 per cent import duty.

The new tariff measures are expected to have broad implications for the consumer electronics industry, potentially reshaping global supply chains and pricing structures.

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South Korea faces industry pushback on AI Basic Act

Global tech companies, including OpenAI and Google, have urged the South Korean government to take a flexible approach to its upcoming AI regulations.

Representatives from OpenAI, Google, and the Business Software Alliance (BSA) met with the Ministry of Science and ICT to discuss the AI Basic Act, which takes effect in 2026.

The AI Basic Act, passed in December, aims to promote AI development while ensuring safety, making South Korea the second region after the European Union to introduce such legislation.

Tech firms raised concerns over potential regulatory burdens, particularly in defining high-impact applications and operator liability.

South Korean officials are now drafting enforcement ordinances for the new law. Industry representatives have requested a less rigid approach compared with the stricter AI regulations in the EU, hoping to balance innovation with compliance.

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Japan targets Apple and Google with new law

The Japan Fair Trade Commission (JFTC) announced on Monday that it has designated Apple Inc., its Japanese subsidiary iTunes K.K., and Google LLC under the new smartphone software competition promotion law.

The law targets dominant IT companies in the smartphone app market, regulating areas like smartphone operating systems, app stores, web browsing software, and search engines.

The primary aim of the law is to prevent these giants from blocking market entry for other companies or giving preferential treatment to their own services. The law will take full effect in December, with the designated companies required to correct any problematic practices.

Apple will be required to allow other companies into the App Store business instead of monopolising it, fostering price competition. Google will be prohibited from displaying its services in search results instead of favouring them.

In response, both companies expressed concerns, with Apple questioning the impact on user experience and Google vowing to engage in discussions to ensure fairness.

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MetaAI launches in Europe amid data concerns

Meta has resumed the roll-out of its MetaAI across Europe after halting the launch last year due to regulatory uncertainty.

The Irish Data Protection Commission (DPC) still has questions regarding Meta’s AI tool, particularly in relation to its use of personal data from Facebook and Instagram users to train large language models.

The company has been in discussions with the DPC, but instead of an agreement, it remains under review as the tool continues to roll out.

MetaAI was first introduced in the US in September 2023, followed by India in June 2024, and the UK in October. It enables users to interact with a chat function across Facebook, Instagram, Messenger, and WhatsApp.

However, its expansion in Europe faced delays last summer due to concerns raised by the Irish privacy watchdog.

The company has expressed confidence in its compliance with the EU’s data protection laws and has been transparent with the DPC about its launch. However, failure to comply with the General Data Protection Regulation (GDPR) could lead to significant fines.

Additionally, certain aspects of MetaAI fall under the scope of Europe’s Digital Services Act (DSA), which requires the company to meet specific standards on user safety and transparency.

The European Commission has indicated it is waiting for a risk assessment from Meta to ensure that the tool complies with DSA obligations. While initial elements may not be directly relevant to the DSA, the Commission will continue to monitor the deployment closely.

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European Commission charges €58.2 million in fees for DSA enforcement

The European Commission has charged the largest online platforms in the EU a total of €58.2 million in supervisory fees for their enforcement under the Digital Services Act (DSA).

These fees, which apply to platforms with over 45 million users per month, aim to fund the Commission’s activities for DSA enforcement, including administrative and human resource costs.

Meta, TikTok, and Google have filed five pending court cases against the fees, challenging the charges.

The DSA, designed to increase platform accountability, became fully applicable in February 2024, and the Commission has designated 25 Very Large Online Platforms, including major players like Amazon and LinkedIn.

During the 2024 period, the Commission launched formal proceedings against several platforms and sent over 100 requests for information.

However, instead of these fees fully covering the Commission’s expenses, they led to a deficit of €514,061. Investigations into platforms like X are ongoing, with transparency issues being a key concern.

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US robotics firms seek federal support amid China’s rapid growth

Following the US’s first-ever Enterprise Artificial Intelligence Strategy in October 2024, leading robotics companies are urging the government to develop a national robotics strategy and establish a federal office to support the industry.

The push comes as China accelerates its robotics investments, raising concerns about US competitiveness in the global market.

Executives from Tesla, Boston Dynamics, and Agility Robotics showcased their latest innovations on Capitol Hill this week, advocating for policies that bolster domestic production and adoption of robots.

Jeff Cardenas, CEO of Apptronik, highlighted how the United States once led the field but lost ground to Japan and Europe. Tesla’s Jonathan Chen added that manufacturing at scale remains a key challenge.

The Association for Advanced Automation warned that without strong federal leadership, the US risks falling behind in both robotics and AI. Meanwhile, China continues expanding its robotics sector, with a state-backed fund aiming to attract $138 billion over two decades.

According to the International Federation of Robotics, China now leads in industrial robot usage, with 1.8 million in operation as of 2023.

With global investment in robotics projected to exceed $13 billion by 2025, US industry leaders stress that a national strategy is essential to maintaining a competitive edge.

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EU regulators seek common approach on DSA

The Coimisiún na Meán has warned that differing interpretations of the Digital Services Act (DSA) by EU regulators are hindering a unified approach to online platform regulation.

Maria Donde, Director of International Affairs at Coimisiún na Meán, highlighted the challenges of aligning various regulators’ approaches to the DSA, which has left room for interpretation.

She emphasised the importance of finding common ground, especially as the DSA, which came into effect last February, imposes transparency and election integrity requirements on platforms.

The DSA requires each EU member state to appoint a Digital Services Coordinator as a point of contact for platforms. Ireland, home to major platforms like TikTok and X, is at the forefront of enforcement.

Donde stressed the need for a consistent voice within the EU, particularly as the law faces criticism globally. The US government has condemned the EU’s regulatory approach, calling it a threat to free speech and accusing Europe of sidelining US tech companies.

The European Commission has already initiated several investigations under the DSA, targeting platforms such as X, TikTok, and Temu. These probes are ongoing, with potential fines for non-compliance reaching up to 6% of a company’s global turnover.

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TikTok ban threatens 170 million American users

The US is just days away from imposing a ban on TikTok unless a deal is struck with its Chinese parent company ByteDance. The ban, set to take effect on Saturday, would affect 170 million American users of the popular app.

However, President Donald Trump has expressed confidence that an agreement will be reached in time. He extended the deadline from January to April 5 to give ByteDance more time to find a non-Chinese buyer for TikTok’s US operations.

Trump mentioned that there is significant interest from potential buyers, with private equity firm Blackstone reportedly evaluating a minority investment in TikTok’s US business.

The discussions are centred on ByteDance’s existing non-Chinese shareholders, including Susquehanna International Group and General Atlantic. Washington’s main concern is that TikTok’s ownership by ByteDance allows the Chinese government to potentially influence the app and collect data on Americans.

Despite the pressure, TikTok has yet to comment on the situation. If no agreement is reached by the deadline, TikTok faces the risk of being banned, though the app would remain on users’ devices if already installed. However, new users would not be able to download it.

The app is already banned in countries like India over similar national security concerns.

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WhatsApp wins support in EU fine appeal

WhatsApp has gained support from an adviser to the European Court of Justice in its fight against a higher fine imposed by the EU privacy watchdog.

The Irish Data Protection Authority fined WhatsApp 225 million euros ($242.2 million) in 2021 for privacy breaches.

The fine was increased after the European Data Protection Board (EDPB) intervened.

A lower tribunal had rejected WhatsApp’s challenge, saying the company lacked legal standing. However, WhatsApp appealed to the Court of Justice of the European Union (CJEU).

Advocate General Tamara Capeta disagreed with the tribunal, recommending that the case be referred back to the General Court for further review.

The CJEU usually follows the adviser’s recommendations, and a final ruling is expected soon. This case could have significant implications for the fine imposed on WhatsApp.

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US tightens controls on China’s tech sector amid security fears

The United States has added six subsidiaries of China’s leading cloud computing firm, Inspur Group, along with dozens of other Chinese entities, to its export restriction list.

Washington accuses the companies of aiding China’s military by developing supercomputers and advanced AI technologies. The move is part of a broader strategy to curb China’s progress in high-performance computing, quantum technology, and hypersonic weapons development.

Other companies from Taiwan, Iran, Pakistan, South Africa, and the UAE were also included in the latest restrictions. China has strongly condemned the US decision, calling it an attempt to ‘weaponise trade and technology.’

The Chinese foreign ministry has vowed to take necessary measures to protect its firms, while the Beijing Academy of Artificial Intelligence, which was also targeted, called for the restrictions to be withdrawn.

Companies added to the US Entity List require special licences to access American technology, which are unlikely to be granted. The restrictions could impact major Chinese tech firms linked to AI and computing, such as Huawei and Sugon.

The United States Commerce Department argues that these measures are necessary to prevent China and other countries from using American technology for military applications. Officials insist they will not allow adversaries to strengthen their military capabilities with US-made components.

The latest crackdown follows a 2023 decision to blacklist Inspur Group, which led to scrutiny of its business ties with major US chipmakers such as Nvidia and AMD. Washington also aims to block Iran’s procurement of drone and missile technology as part of its broader national security efforts.

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