- North America
- Competition Law / International Trade
The U.S. Supreme Court Invalidates Tariffs Imposed Under IEEPA
On 20 February 2026, the U.S. Supreme Court struck down tariffs imposed by President Donald J. Trump under the International Emergency Economic Powers Act (“IEEPA”). In a 6 to 3 ruling, the Supreme Court held that the powers conferred on the President under IEEPA do not extend to the power to impose tariffs. In this newsletter, we analyze the opinion itself, the impact of the ruling on importers’ ability to obtain refunds, the steps already taken by the White House in response, and the effect that the ruling will have on reciprocal tariff agreements between the U.S. and partner countries. Chief Justice Roberts, writing for the majority, found that the term “regulate” as used in IEEPA does not encompass the power to impose tariffs...To read the full article, please see the PDF file
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Competition Law / International Trade & North America Newsletter
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Kojiro Fujii specializes in the fields of competition law and international trade law. He also covers emerging areas of digital policy/regulations and public policy/regulations, such as those related to sustainability. His expertise in these areas is frequently recognized by international and domestic legal publications. Kojiro also is regularly ranked by Chambers (Band 1 International Trade, Japan and Band 2 TMT, Japan) and Who’s Who Legal (Competition). He achieved the highest ranking in the “International Trade and Economic Security” category of Nikkei’s “Most successful lawyers” (as voted by Japanese companies and peer lawyers) in 2022; he was recognized by Asian Legal Business as one of the Top 15 Technology, Media and Telecommunications Lawyers in Asia in 2023; and he was shortlisted for the FT Innovative Lawyers Awards Asia-Pacific as the Most Innovative Practitioner for his work covering those areas in 2024.
In addition to his career at N&A, he served as the deputy director of the Ministry of Economy, Trade and Industry of Japan, where he handled several important WTO disputes on behalf of the Japanese government. He also worked at a highly reputable international law firm in Washington DC, where he focused on antitrust matters.