Is the EU weaponizing standards?

The EU promotes itself as a global standard-bearer for values, but critics argue its regulations serve economic protectionism and entrench industry dominance.

The Berlaymont building in Brussels, Belgium, serves as the headquarters of the European Commission, the EU’s executive branch. The commission is responsible for proposing laws, implementing policies, managing the budget and representing the union globally.
The Berlaymont building in Brussels, Belgium, serves as the headquarters of the European Commission, the EU’s executive branch. The commission is responsible for proposing laws, implementing policies, managing the budget and representing the union globally. © Getty Images
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In a nutshell

  • European standards often reflect strategic interests, not just values
  • Regulations favor large firms, blocking foreign competitors
  • Overregulation risks stifling innovation and global relevance
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The European Union sees itself as a rules-based power and a force for good in the global economy. Its regulations are often presented as embodiments of universal values: protecting consumers, ensuring sustainability and promoting digital responsibility. Over the past two decades, this model has become a defining part of Europe’s global identity.

Nevertheless, for many trading partners and observers, European standards appear less like principled safeguards and more like strategic tools driven by economic self-interest. The line between benign norm-setting and regulatory overreach is thinner than Brussels admits.

The EU’s case for standards

The EU has built a reputation as a “regulatory superpower” – not through military strength or technological dominance, but by shaping global markets with its rules. The official narrative is clear: EU regulations are meant to protect consumers, uphold human dignity and promote an ethical form of capitalism. While these justifications are always framed in lofty terms, they often obscure more self-serving motives.

Europe’s regulatory framework is often described as a byproduct of internal needs. With 27 member states and a multilingual, multijurisdictional single market, harmonized rules are essential to foster market integration. This part is true enough. However, the evolution from internal harmonization to external imposition – what scholars call the “Brussels Effect” – is rarely questioned. Several of these regulations now have global reach: Companies worldwide either comply with EU rules or lose access to a lucrative market of 450 million consumers.

For many in Brussels, this is a point of pride. The EU, they argue, is not only protecting its citizens but also leading the world toward higher standards for privacy, sustainability and transparency. The precautionary principle, a core feature of EU law, supposedly ensures that regulation errs on the side of safety and public interest, especially when scientific certainty is lacking.

July 15, 2021: Former executive vice president of the European Commission for the European Green Deal, Frans Timmermans (left), and former EU commissioner for Economy, Paolo Gentiloni (right), speak to the media about the Carbon Border Adjustment Mechanism.
July 15, 2021: Former executive vice president of the European Commission for the European Green Deal, Frans Timmermans (left), and former EU commissioner for Economy, Paolo Gentiloni (right), speak to the media about the Carbon Border Adjustment Mechanism. © Getty Images

Here is the uncomfortable truth: These justifications are often convenient political narratives. Regulations are rarely the product of disinterested technocratic wisdom. They are shaped by powerful domestic groups, particularly large firms that benefit from the barriers these rules create. Complex compliance requirements exclude smaller competitors, both domestic and foreign. Costly certification schemes favor established players, and legal uncertainty discourages new entrants. All of this happens to align neatly with the interests of major European industries, from chemicals to pharmaceuticals to agri-food.

The EU’s external messaging, claiming it exports ethical values and not protectionism, deserves scrutiny. Digital regulations, for example, are said to protect consumers from Big Tech, yet they consolidate market share among a handful of compliant firms. This blurring of ethical goals and economic self-interest is not incidental. It is the mechanism by which regulation becomes a strategic tool of industrial policy.

Yes, there may be genuine concerns behind the EU’s regulatory initiatives. Consumer safety, environmental integrity and digital rights do matter. But the selective invocation of these values reveals that regulations are equally about controlling market power as they are about the public good.

In this light, the EU’s regulatory stance seems less like a principled stand for global justice and more like a sophisticated form of mercantilism. The question is not whether standards serve any public purpose. It is who benefits most from the way they are written, enforced and exported. And increasingly, the answer is: neither the consumer nor the emerging world.

The EU’s regulatory stance seems less like a principled stand for global justice and more like a sophisticated form of mercantilism.

Standards as strategy: The protectionist core of EU regulation

Despite the EU’s insistence that its standards exist to uphold universal values, many of its flagship regulations are best understood as instruments of industrial policy, selectively shielding domestic companies and erecting invisible trade barriers. This protectionist tendency does not come in the form of traditional tariffs or quotas.

Instead, it operates through the regulatory rulebook, which includes complex documentation requirements, costly certification processes, shifting compliance timelines and ambiguous legal definitions. These measures overwhelmingly favor large, incumbent European firms that have the legal departments, lobbying clout and economies of scale needed to navigate the system. Foreign competitors, especially from emerging markets, often lack the capacity to comply. For them, access to the European market becomes prohibitively expensive, if not outright impossible.

A prime example is the Carbon Border Adjustment Mechanism (CBAM), hailed by Brussels as a breakthrough in global climate governance. In theory, it prevents “carbon leakage” by imposing a carbon price on imports from jurisdictions with less stringent emissions rules. However, in practice, it functions as a green trade barrier designed to protect carbon-intensive European sectors, most notably steel, cement and aluminum, from cheaper foreign competition. Countries like India, Brazil and South Africa have called it discriminatory and neocolonial, while World Trade Organization (WTO) experts have raised red flags about its compatibility with international trade law. And just like previous EU climate initiatives, it was shaped under intense lobbying pressure from domestic industrial giants, the very firms it now protects from global competition.

This dynamic repeats across sectors. In the agri-food industry, sanitary and phytosanitary standards frequently block agricultural imports under the guise of health and safety, despite minimal scientific justification in many cases. In the digital realm, the GDPR and Digital Markets Act impose sweeping rules with high compliance costs, disproportionately affecting non-European platforms.

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Paradoxically, these burdens have mostly been absorbed by dominant American technology firms with the legal and financial resources to comply, thereby entrenching their position. At the same time, some smaller EU-based companies benefit from regulatory shelter not due to their competitiveness, but because of regulations that create barriers to global competition in sensitive sectors such as cloud services, e-commerce and search.

These outcomes are not accidental. They are the result of sustained lobbying efforts, primarily by large European industry groups, but also by dominant American tech firms that understand how to manipulate regulation to either solidify their dominance or raise costs for smaller rivals. The process is often opaque. Draft rules are shaped in closed-door consultations with “stakeholders” – a term that increasingly refers to large domestic producers and well-organized NGOs. Smaller firms, foreign exporters and consumers rarely have meaningful input. The result is a regulatory cartel.

What began as a project to unify the single market has evolved into a system that suppresses competition, repels innovation and alienates trade partners.

Meanwhile, the EU insists that its rules are open, transparent and WTO-compliant. This defense rings hollow in the face of growing international backlash. The United States, Japan and several emerging economies have formally challenged EU measures at the WTO, arguing that they violate principles of nondiscrimination and proportionality. African and ASEAN countries have voiced concerns that EU environmental and labor rules enforce developed world preferences without considering the needs of the developing world.

The bigger risk, however, may be at home. Europe’s regulatory overreach is creating a chilling effect on innovation, especially in high-tech sectors where rapid experimentation is necessary. Start-ups face the same compliance burdens as multinationals, and many simply leave or never enter the EU market. Even within established industries, excessive regulation discourages investment, raises costs and weakens global competitiveness.

Ultimately, the EU’s regulatory model is turning in on itself. What began as a project to unify the single market has evolved into a system that suppresses competition, repels innovation and alienates trade partners. And like all forms of protectionism, special privileges for some come at a great economic cost for many. As Europe navigates rising geopolitical competition and economic stagnation, its approach to regulation will play a decisive role in shaping its global relevance.

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Scenarios

Least likely: Regulatory rollback

In this scenario, a significant group of EU policymakers, backed by reform-minded governments and industry voices, openly confronts the economic burden of overregulation. Special interest influence is curtailed, and key regulations are simplified or repealed.

A wave of deregulation and tax reform revitalizes Europe’s entrepreneurial ecosystem. The precautionary principle gives way to a more innovation-friendly regulatory culture. Trade policy moves toward genuine openness, focusing on mutual recognition and competitiveness.

Europe loses some influence over global norms but regains agility and economic dynamism. While this scenario may be desirable from an economic standpoint, it is rather unlikely, as powerful interests oppose it. The likelihood of this scenario is 20 percent.

Somewhat likely: More protectionism with a moral face

The EU strengthens its regulatory power, convinced by its own messaging. Policymakers, swayed by climate urgency and digital ethics, continue raising standards in ways that entrench incumbent industries.

Foreign complaints are dismissed as self-serving. Trade partners respond with retaliatory measures or disengagement. Innovation slows further, but the illusion of principled leadership endures.

Europe becomes a self-declared regulatory superpower in a world that increasingly ignores it, growing isolated and economically stagnant. International admiration for its alleged ideals enshrined in regulation will ultimately fade. The economic costs of this scenario, which are becoming too obvious, reduce its chances. The likelihood of this scenario is 30 percent.

Most likely: Tweaks without transformations

The EU continues its current course, defending its regulatory framework while recognizing some excesses. Some red tape is cut, especially in areas like artificial intelligence or biotech, and efforts are made to improve regulatory consistency. However, the main approach – precautionary, process-oriented and often defensive – remains unchanged.

Trade tensions are managed through diplomacy, but friction persists. Europe’s internal market remains robust, but its global influence wanes. Regulatory policy remains a battleground between openness and control, with no clear winner, except for the public bureaucracy, whose interests may make this the most likely outcome. The likelihood of this scenario is 50 percent.

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