Frontier Technologies, Competition Law, and National Security in the Era of Strategic Rivalry

Competition law is ordinarily complex and multi-dimensional requiring detailed analysis and balancing of economic efficiencies, innovation, productivity, and consumer costs. However, competition law has an additional dimension of complexity in eras of strategic conflict as national security becomes a factor for regulators. The complexity in the era of China-US strategic rivalry is particularly acute for three reasons. One, the expanding conceptualization of national security means that security is no longer relegated solely to defence from armed attack but encompasses economic, technological, and ideological power. Two, large and strategic corporations are the leading economic actors globally, inextricably connected to economic, technological and ideological power, and therefore constitute paramount national security assets. Three, the two great powers have contrasting economic governance models. China’s distinct political-economic governance raises speculation that Chinese corporations are under the influence of a corporate parent, the Party-state, and utilized to advance Party-state objectives. This paper endeavours to outline and discuss competition law in the era of strategic conflict from a US and EU regulatory perspective and offers some pathways on analysing the issues.