GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2026

Status

Accepted

Abstract

As trade disputes continue to batter the relationship between the U.S. and its partners in the European Union, a new countermeasure by the EU—the Anti-Coercion Instrument (ACI)—has emerged as a serious threat to trade flows, including in public procurement. Although formally framed as a trade-defense mechanism, the ACI is a legal instrument capable of addressing a broad range of economic coercion. Notably, although the ACI is presented as a means of deterrence and de-escalation, the ACI authorizes countermeasures that extend well beyond tariffs, and can severely restrict foreign firms’ access to EU public procurement markets. This article provides an historical overview of the ACI, explains how it operates, and postulates what its implementation could mean for public procurement. With special attention to the geopolitical shifts which shaped the ACI, the article reviews a new operational landscape for transatlantic procurement markets that may prove vulnerable to clashes among allies.

GW Paper Series

2026-14

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