Three Challenges of Artificial Intelligence for Antitrust Policy and Law

Abstract

The following text addresses the challenges that the increasing use of artificial intelligence, in particular smart algorithms that collect and process large amounts of data for internet gatekeepers (i.e. the largest online service providers), poses for competition protection. The analysis focuses on three areas: the potential clash between competition protection and consumer (privacy) protection that may be caused by the push for sharing and portability of client data in order to open up online markets; then the issue of super-dominance caused by internet gatekeepers escaping both their competitors and effective control due to the massive deployment of AI; and finally, the issue of the algorithmic price collusion that seemingly turns some existing competition protection paradigms on their head. These three challenges are critically analysed with regard to their reflection in the literature and in the existing decision-making practice of competition authorities.

Keywords: Artificial intelligence, big data, internet gatekeepers, algorithms, cartels, dominant position, protection of privacy and personal data, protection of competition