Competition law and artificial intelligence

How can we compete with artificial intelligence?
In summary, by staying updated with the latest AI trends, developing the necessary AI skills, embracing change, developing critical thinking and problem-solving skills, collaborating with AI, and focusing on soft skills, you can prepare yourself to leverage AI tools and be more employable..
How does artificial intelligence affect law firms?
“Documents, legal research, writing contracts are tasks that can be streamlined or automated or simplified with generative AI, and they are also tasks that most often fall to newer associates.
Firms that use generative AI will be able to move new associates to more strategic work more quickly.”.
In which place artificial intelligence is used?
AI is widely used in data-heavy industries, including banking and securities, pharma and insurance, to reduce the time it takes to analyze big data sets.
Financial services, for example, routinely use AI to process loan applications and detect fraud.
Saves labor and increases productivity..
What is competition law and artificial intelligence?
In competition law, the adverse effects of AI can be categorised into three groups: use of AI to carry out agreements or strategies that are anti-competitive; implementation of specific anti-competitive strategies by AI without explicit human guidance; and use of AI that coincides with a decrease in competitive .
That's why law firms use AI law algorithms to work with their electronic records more efficiently.
It helps lawyers organize and store files such as cases, contracts, emails, and notes, and improves the finding process.
AI can analyze vast amounts of data in seconds and find what you need.

Aug 31, 2023Not only will competition law impact the building blocks of AI, it will also impact the building process of AI itself.

Can AI improve European competition law enforcement?

The utility of AI in the processing of large amounts of data and pattern recognition—particularly against the backdrop of a rapidly digitalising European economy—offers considerable opportunities for the future of European competition law enforcement.

Can artificial intelligence be used in competition law investigations?

In a future in which the evidential underpinnings for initiating competition law investigations could begin to shift towards a reliance upon the use of artificial intelligence, this paper outlines some of the key opportunities and risks for businesses and regulators.

How do you define a competition with AI?

The relevant geographical and product market must also be defined for the competition with AI, i.e. the competition with AI-based applications.
Depending on the specific technical application, a geographical distinction could be made between regional and global markets.

Liability

In order to be responsible for the use of AI systems, the system’s ‘behavior’ must be attributable to the respective undertaking.
Attribution in this context refers to the objectively determinable misconduct.Footnote 96 In this context and first, the parameters of attribution for the actions of an undertaking’s employees are to be taken into accoun.

Market Definition

First, the relevant markets for the competition for AI and the competition withAI have to be defined.

Market Dominance

As a prerequisite for the prohibition of the abuse of market power, it must further be determined whether an undertaking holds a dominant position on the relevant market.Footnote 30

Merger Control

In the context of merger control, the findings on AI could de lege lata already be taken into account more strongly.Footnote 92 This is especially true for the discussed effects of AI (and data as their ‘resource’) on the assessment of the undertakings’ market position.Footnote 93 In the framework of future mergers, it will therefore be necessary t.

Prohibition of Cartels and Other Anti-Competitive Agreements

Technologies based on AI and uses thereof also require special attention with regard to the ban on cartels according to Sec. 1 ARC, Art. 101 TFEU.Footnote 70 Anti-competitive agreements made in the ‘real’ world and only implemented by algorithms (the algorithm acting as a ‘messenger’)Footnote 71 as well as algorithms which were deliberately program.

What is the competition law analysis of AI and big data?

The competition law analysis of AI and big data mirrors the concept of the more technological approach. 24 For the purposes of this analysis, a fundamental distinction must therefore be made between the technologies of AI on one hand and the business models based on these technologies on the other.