On October 30, 2023, President Biden issued the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” (AI EO). At 63 pages, the AI EO outlines a comprehensive framework for...more
11/10/2023
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Anti-Competitive ,
Antitrust Provisions ,
Artificial Intelligence ,
Automation Systems ,
Biden Administration ,
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Machine Learning ,
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On October 5, 2023, the Brookings Institution hosted an event entitled “A conversation with FTC Chair Lina Khan and DOJ Assistant Attorney General Jonathan Kanter on antitrust enforcement.” The discussion was moderated by the...more
Mandatory Antitrust Training that Addresses the Risks of AI. Many previously-effective compliance programs have not incorporated the topic of AI or its concomitant risks. At a minimum, individuals should not reach an...more
In Topkins, discussed in Part I, the defendants had already entered their unlawful agreement—algorithms were a tool to implement the agreement. The more vexing question facing antitrust enforcers is the issue of tacit...more
This blog post is the first in a three-part series exploring the intersection between AI and antitrust.
The first blog post in this series discusses the U.S. Department of Justice, Antitrust Division’s (Division) first...more
On January 23, 2023, the Federal Trade Commission (FTC) enacted the most radical change to Hart-ScottRodino Act (HSR) filing thresholds in decades. Pursuant to the Merger Filing Fee Modernization Act of 2022, which was signed...more
On December 9, 2022, the U.S. Department of Justice, Antitrust Division and the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) (collectively, the Agencies) formalized their long-standing...more