AI: Joint declaration by the antitrust authorities on fair competition

The regulators of the European Union, the United Kingdom and the United States have signed a joint statement of principles to protect consumers and ensure effective competition in the field of artificial intelligence (AI).

"Based on our respective laws, we will work to ensure effective competition and fair and honest treatment of consumers and businesses," reads the statement on competition in generative AI start-up models and AI products published on Monday by the EU Commission, the U.K. Competition and Markets Authority (CMS), the U.S. Department of Justice and the U.S. Federal Trade Commission (FTC). The basis is the realization "that fair, open and competitive markets will help unleash the opportunities, growth and innovation that these technologies could offer."

AI as a "technological turning point"

The competition authorities recognize "the transformative potential of artificial intelligence", which has developed rapidly in recent years, and speak of a "technological inflection point". Technological inflection points can introduce new opportunities for competition that promote opportunities, innovation and growth, they say. Accordingly, it is up to regulators to ensure that the public takes full advantage of technology.

This requires "vigilance and protection against tactics that could undermine fair competition", the statement continued. Companies could try to restrict important inputs for the development of AI technologies; companies with great market power could thwart competitors and thus impair competition, even to the point of monopoly positions. In addition, AI could be developed or used in a way that harms consumers and entrepreneurs. The risks described would also not stop at national borders. The authors of the declaration therefore seek a common understanding of the issue. "Given the speed and dynamism of AI developments and our experience with digital markets, we are determined to use the powers at our disposal to tackle such risks before they become entrenched or irreversibly damaging."

Common principles for protecting competition in the AI ecosystem therefore include fair treatment and prevention of exclusionary tactics, promoting interoperability of AI products and services and their inputs, creating choice between different products and business models, and closer scrutiny of investments and partnerships between incumbents and new entrants. These are all fairly general statements about the authorities' joint approach to promoting competition in the field of AI. It remains to be seen to what extent the joint declaration and common principles will result in a coordinated joint approach.

(akn)