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Antitrust enforcers admit they’re in a race to understand how to tackle AI


Antitrust enforcers on both sides of the Atlantic are grappling to get a handle on AI, a conference in Brussels heard yesterday. It's a moment that Antitrust enforcers on both sides of the Atlantic are grappling to get a handle on AI, a conference in Brussels heard yesterday. It's a moment that demands "extraordinary vigilance" and clear-sighted focus on how the market works, suggested top US competition law enforcers.

From the European side, antitrust enforcers sounded more hesitant over how to respond to the rise of generative AI — with a clear risk of the bloc’s shiny new ex ante regime for digital gatekeepers missing a shifting tech target. The US Department of Justice’s antitrust division has “a lot” of work underway with respect to AI and competition, including “numerous” active investigations, per Kantar, who suggested the DoJ will not hesitate to act if it identifies violations of the law — saying it wants to engage “quickly enough to make a difference”. Khan pointed to the 6(b) inquiry the FTC launched last month, focused on generative AI and investments, which she said would look to understand whether there are expectations of exclusivity or forms of privileged access that might be giving some dominant firms the ability to “exercise influence or control over business strategy in ways that can be undermining competition”.

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