Bloomberg Law

Are Trump Tariffs Legal & Google's Antitrust Appeal

Feb 5, 2025
Timothy Brightbill, a partner at Wiley Rein specializing in international trade law, discusses the legality of Trump’s tariffs and the intricate legal frameworks behind them. He highlights the potential for judicial challenges and impacts on consumer trade. Jennifer Rie, a senior litigation analyst at Bloomberg Intelligence, tackles Google’s antitrust appeal, emphasizing the company’s ongoing battles against accusations of monopoly. The discussion also dives into Epic Games' lawsuits and implications for competition in mobile app markets.
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INSIGHT

Novel Use of IEPA

  • Trump's tariff actions represent a novel use of the International Emergency Economic Powers Act (IEPA).
  • This Act grants broad presidential authority during declared emergencies, typically for sanctions, but now for tariffs.
INSIGHT

Constitutional Trade Authority

  • Congress holds the constitutional authority to regulate US trade.
  • However, it has delegated much of this power to the president and executive branch over time.
ADVICE

Vigilance on Trade

  • Businesses should remain vigilant about trade developments in the Trump administration.
  • Trade is a key issue, and policies can shift rapidly.
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