Agencies issue joint statement on ensuring competitive and fair markets in the AI industry

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On July 23, the FTC, DOJ and international competition authorities for the European Union and United Kingdom issued a joint statement to reflect a shared commitment to ensuring that the development and application of artificial intelligence (AI), particularly generative AI foundation models, remain competitive and fair for consumers. The statement acknowledged the “transformative potential” of AI technologies but recognized the associated risks that could undermine market competition.

Key points from the joint statement included:

  • Sovereign Decision-Making: While the legal powers and jurisdictions of the EU, UK, and U.S. differed, there was a common understanding that the challenges posed by AI technologies were global in nature.
  • Technological Inflection Point: According to the statement, AI is rapidly evolving and holds significant potential benefits for innovation and economic growth; however, technological shifts can induce competitive risks that need to be managed.
  • Risks to Competition: The statement outlined specific competitive risks associated with AI, such as the potential for a small number of companies to control key inputs (like specialized chips and data), which may create bottlenecks and limit innovation. There was also concern that large incumbent digital firms could use their existing market power to dominate AI-related markets.
  • Principles for Protecting Competition: The authorities highlighted several principles to foster competition and innovation in AI, including fair dealing, interoperability and choice.
  • Other Competition Risks: The statement also mentioned additional risks, including the potential for AI to facilitate price-fixing or collusion, unfair price discrimination, and exclusionary practices.
  • Consumer Risks: The statement acknowledged that AI could exacerbate deceptive and unfair practices that harm consumers, such as privacy breaches.

In the statement, both the U.S. and international authorities vowed that they “will be vigilant of these and other risks that might emerge as AI technology develops further” and were “committed to monitoring and addressing any specific risks that may arise in connection with other developments and applications of AI, beyond generative AI.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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