The research project aims to dissect and evaluate the implications of artificial intelligence (‘AI’) on competition law within the European Union (‘EU’) and the United States (‘US’), highlighting the regulatory challenges and enforcement dilemmas posed by AI technologies. By drawing parallels with the blockchain technology landscape, this project investigates how AI’s distinctive characteristics—such as self-learning algorithms, data dependency, and market dominance strategies—intersect with competition law principles and practice.
The project will analyze key issues including the potential for AI to facilitate monopolistic practices, the role of data in AI-driven market dominance, and the challenges of ensuring competitive fairness in AI-influenced marketplaces. Additionally, it will scrutinize the adequacy of existing competition law frameworks in the face of AI’s novel capabilities and the extent to which these frameworks require adaptation or overhaul.
To address these challenges, the project proposes a tripartite approach:
1. Encouraging preemptive engagement between AI developers and competition authorities to integrate antitrust considerations in the early stages of AI project development.
2. Exploring the potential of AI technologies to enhance the capabilities of competition authorities, especially in market monitoring, data analysis, and enforcement actions.
3. Promoting transatlantic cooperation between the EU and US competition authorities to foster a unified approach towards AI regulation, acknowledging the global nature of AI technologies and their market impacts.
By juxtaposing the AI domain with insights from blockchain technology and competition law, this project aims to offer a nuanced understanding of AI’s challenges to traditional antitrust concepts and enforcement mechanisms. It seeks to provide policymakers and legal practitioners with strategic recommendations for navigating the complexities introduced by AI, ensuring that competition law remains a robust tool for safeguarding market integrity and consumer welfare in the digital age.