Share on LinkedInShare on LinkedIn

VIDEO · 10 MAY 2024

AI And Competition Law: A New Paradigm (Video)

Norton Rose Fulbright Hong Kong
Explore more from Norton Rose Fulbright Hong Kong

The interaction between AI and competition law is a hot topic globally, with a number of competition authorities considering the issues.

United KingdomAntitrust/Competition Law
Miranda Cole
Miranda Cole

self

The interaction between AI and competition law is a hot topic globally, with a number of competition authorities considering the issues. Miranda Cole and Richard Whish KC discuss this trend, including key principles for future analysis of AI foundation models, potential approaches to assessing the impact of data, computing power, funding and expertise, and the importance of considering the nuances of how models are tailored for different uses.

The CMA is taking a leading role in this area, having launched an initial review of AI foundation models in May 2023 to consider the potential competitive impact of foundation models and their deployment. Having published an initial report in September 2023, it followed up with an update paper and an update and technical report, and then a strategic update, in April 2024. You can read our briefing on the CMA's work here.

Watch more from the series

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Read more about

Related Comparative Guides

See more popular content from

Article

UK Subsidy Control: Government Responds To The CMAs First Statutory Review

The UK government has formally responded to the Competition and Markets Authority's comprehensive review of the Subsidy Control Act 2022, accepting key recommendations for improvement. The response outlines planned changes to guidance, streamlined routes, and transparency measures, while the CMA's assessment reveals how the regime is functioning in practice and what challenges public authorities face in implementation.
United KingdomAntitrust/Competition Law
TLT
TLT
Article

Swifter And Simpler: The UK Government’s Latest Proposals For Competition Redress, Regulatory Appeals And Enforcement

The UK Government has launched a comprehensive consultation on reforming competition law enforcement, collective actions, and regulatory appeals. The proposals include stricter certification tests for opt-out claims, immunity from private litigation for cartel whistleblowers, and the transfer of regulatory appeals to the Competition Appeal Tribunal. These changes could fundamentally reshape how businesses defend against competition claims and engage with sector regulators.
United KingdomAntitrust/Competition Law
Mayer Brown
Mayer Brown
Article

Broadcom/VMware: EU General Court Again Weighs In Favour Of Commission’s Broad Information Gathering Powers

The European Commission's broad information-gathering powers under EU competition law have been reinforced by the General Court's dismissal of Broadcom's challenge to document production requests. The case raises critical questions about the extent to which the Commission can compel production of documents held overseas that are subject to legal professional privilege in other jurisdictions, particularly communications with non-EU qualified external counsel.
European UnionAntitrust/Competition Law
Macfarlanes LLP
Macfarlanes LLP
Article

Green Shoots? Some Thoughts On The European Commission’s Treatment Of Sustainability In The Draft Merger Guidelines

The European Commission's draft revised merger guidelines introduce sustainability as a recognized parameter of competition for the first time, alongside other non-price factors. While this acknowledges the growing importance of environmental considerations in merger reviews, the guidelines adopt a restrictive approach to how sustainability-related benefits can offset competitive harms...
European UnionAntitrust/Competition Law
Slaughter and May
Slaughter and May
Article

B2C Businesses: 5 Key Lessons From The CMA's Recent Consumer Enforcement Activity

The Competition and Markets Authority has wielded its new consumer enforcement powers for over a year, imposing millions in fines and redress orders while deploying AI monitoring and advisory letters to target businesses across multiple sectors. From misleading pricing to unfair contract terms, the CMA's expanding enforcement strategy reveals critical compliance risks that consumer-facing businesses can no longer afford to ignore.
United KingdomAntitrust/Competition Law
Travers Smith LLP
Travers Smith LLP
Article

You Can’t Take Something For Nothing: Court Of Appeal Allows Class Representative To Pursue User Damages In Competition Claims

The Court of Appeal has rejected Meta's challenge to Dr Liza Lovdahl Gormsen's amendment of her pleadings to include a claim for 'user damages' in a competition law case concerning Facebook's collection of personal data. This decision opens up another potential claim against tech companies for alleged misuse of consumer data, with the question of whether such damages will be awarded to be decided at trial in October 2028.
United KingdomAntitrust/Competition Law
Macfarlanes LLP
Macfarlanes LLP
Article

UK Government Proposes Targeted Reforms To The Competition Redress And Enforcement Landscape

The UK government has launched a consultation proposing wide-ranging reforms to simplify and improve the efficiency of the United Kingdom's opt-out collective actions, regulatory appeals and competition enforcement regimes. The proposals range from light adjustments to significant changes to the present regimes, reflecting the government's commitment to robust competition law enforcement, balanced by safeguards designed to protect businesses from unmeritorious and disproportionately costly claims.
United KingdomAntitrust/Competition Law
Jones Day
Jones Day