AI and competition law: A new paradigm

The interaction between AI and competition law is a hot topic globally, with a number of competition authorities considering the issues. Miranda Cole and Richard Whish KC discuss this trend, including key principles for future analysis of AI foundation models, potential approaches to assessing the impact of data, computing power, funding and expertise, and the importance of considering the nuances of how models are tailored for different uses.

The CMA is taking a leading role in this area, having launched an initial review of AI foundation models in May 2023 to consider the potential competitive impact of foundation models and their deployment. Having published an initial report in September 2023, it followed up with an update paper and an update and technical report, and then a strategic update, in April 2024. You can read our briefing on the CMA’s work here.

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