Artificial Intelligence and Unfair Competition – Unveiling an Underestimated Building Block of the AI Regulation Landscape

The final version of this article has been published in GRUR International 2021, published by Oxford University Press, and is available at https://academic.oup.com/grurint/advance-article/doi/10.1093/grurint/ikab021/6178541?searchresult=1

Max Planck Institute for Innovation & Competition Research Paper No. 20-21

28 Pages Posted: 15 Dec 2020 Last revised: 19 Mar 2021

See all articles by Stefan Scheuerer

Stefan Scheuerer

Max Planck Institute for Innovation and Competition

Date Written: November 27, 2020

Abstract

The article illustrates the underestimated role unfair competition law (UCL) can play as a building block of the regulatory landscape relating to Artificial Intelligence (AI). To this end, it examines to what extent overarching prominent principles of AI regulation such as Fairness, Transparency, Autonomy or Innovation are reflected in paradigms of UCL and on this basis evaluates how the latter can contribute to the realization of the former. In this course, prominent problems raised by AI that are commonly discussed under different legal regimes are reconsidered under a UCL perspective, showing that this perspective may both complement or even substitute traditional regulatory approaches. Finally, the article indicates how AI could inversely give impulses for the doctrinal advancement of UCL as a still ambiguous and insufficiently understood body of law.

Keywords: Artificial Intelligence, Unfair Competition, AI regulation, AI principles, AI ethics, Fairness, Transparency, Personalization, Autonomy, Accountability, Breach of Statutory Duty, Innovation, Misappropriation, Data access

Suggested Citation

Scheuerer, Stefan, Artificial Intelligence and Unfair Competition – Unveiling an Underestimated Building Block of the AI Regulation Landscape (November 27, 2020). The final version of this article has been published in GRUR International 2021, published by Oxford University Press, and is available at https://academic.oup.com/grurint/advance-article/doi/10.1093/grurint/ikab021/6178541?searchresult=1, Max Planck Institute for Innovation & Competition Research Paper No. 20-21, Available at SSRN: https://ssrn.com/abstract=3744798 or http://dx.doi.org/10.2139/ssrn.3744798

Stefan Scheuerer (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

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