Brattle Experts Explore Antitrust Considerations for Generative Artificial Intelligence in a Recent ABA Antitrust Magazine Article
Published in the American Bar Association Antitrust Magazine
Director of Global Development James Keyte, Principal and Leader of Brattle’s US Antitrust & Competition practice Dr. Minjae Song, and Senior Associate Dr. Zening Li coauthored an article on antitrust considerations for generative artificial intelligence (AI) recently published in the American Bar Association’s Antitrust Magazine.
Beyond data security and consumer protection issues, antitrust policymakers and enforcers around the world have expressed concerns regarding the potential risks to competition brought on by the rise of generative AI. In this article, the authors provide an overview of the generative AI technology stack and analyze how potential antitrust issues in the generative AI industry are likely to be framed in the United States under the relevant US statutes and case law. They conclude that, under the prevailing consumer-welfare standard, US agencies and private parties will have the challenging task of demonstrating the anticompetitive effects stemming from generative AI-related antitrust misconduct as well as measurable market-wide effects, while taking into consideration the rapidly evolving generative AI marketplaces and the dynamic effects of innovation.
The full article, “Generative AI: Drawing the US Battle Lines,” can be found below.
