Can Machines Commit Crimes Under US Antitrust Laws?

University of Chicago, Business Law Review, Forthcoming

33 Pages Posted: 2 Aug 2023 Last revised: 13 Sep 2023

Date Written: July 31, 2023

Abstract

Generative artificial intelligence is being rapidly deployed for corporate tasks including pricing. Suppose one of these machines communicates with the pricing manager of a competing firm, proposes to collude, receives assent, and raises price. Is this a crime under US antitrust laws, and, if so, who is liable? Based on the observed behavior of the most widely adopted large language model, we argue that this conduct is imminent, would satisfy the requirements for agreement and intent under Section 1 of the Sherman Act, and confer criminal liability to both firms as well as the pricing manager of the competing firm.

Suggested Citation

Asil, Aslihan and Wollmann, Thomas, Can Machines Commit Crimes Under US Antitrust Laws? (July 31, 2023). University of Chicago, Business Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4527411 or http://dx.doi.org/10.2139/ssrn.4527411

Aslihan Asil (Contact Author)

Yale University ( email )

493 College St
New Haven, CT CT 06520
United States

Thomas Wollmann

University of Chicago

1101 East 58th Street
Chicago, IL 60637
United States

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