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Wednesday, April 2, 2025

Congresswoman introduces act to protect US firms from Korean regulations

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Rep. Carol Miller, U.S. Representative for West Virginia 1st District | Official U.S. House headshot

Rep. Carol Miller, U.S. Representative for West Virginia 1st District | Official U.S. House headshot

Today, Congresswoman Carol Miller (R-WV) introduced the U.S. - Republic of Korea Digital Trade Enforcement Act in Washington D.C. This bill aims to protect American digital companies if the Republic of Korea passes the Platform Competition Promotion Act (PCPA) or any other law that could harm American digital businesses abroad.

“The Republic of Korea is an important economic and security partner of ours, but we cannot stand by and let U.S. digital companies be targeted by their laws. The PCPA would benefit Chinese companies, put our national security at risk, and negatively impact our economy. I introduced the U.S.-Republic of Korea Digital Trade Enforcement Act to protect American digital trade overseas and ensure that the Korean government does not overstep the bounds of our U.S.-Korea Free Trade Agreement,” said Congresswoman Miller.

Last week, Congresswoman Miller participated in a Ways and Means hearing on protecting American innovation through establishing strong digital trade rules. She highlighted the potential impact that Korea’s proposed digital policies could have on U.S. businesses and how China’s ties to Korea might affect the United States.

In June, Congresswoman Miller led a letter to the Korean Ambassador regarding the Republic of Korea’s proposed Platform Competition Promotion Act (PCPA). The PCPA is framed as an anti-monopoly bill but is seen as targeting U.S. firms specifically. Issues include requiring public disclosure of proprietary algorithms, restricting multiple product offerings within a digital ecosystem, and granting “cease and desist” power to halt operations at the outset of an unfair trade practice investigation even before wrongdoing is determined.

The newly introduced bill states that if South Korea passes legislation attacking a U.S. digital company, the United States Trade Representative (USTR) will report to Congress on its impacts on platforms, whether it violates trade agreements, and overall effects on U.S. commerce.

Following this report, actions instructed by the Secretary of Commerce may include filing a case within the World Trade Organization (WTO) dispute settlement body, initiating a 301 investigation, disputing under the US-Korea Free Trade Agreement (FTA), or negotiating an agreement with South Korea to mitigate all impacts.

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