Antitrust Enforcement In The Cutting-Edge AI Era

Cutting-edge artificial intelligence (AI) models require huge amounts of capital investment in computing power, cloud storage, and other inputs for development and training. These technological investments and advances are occurring simultaneously with a significant focus on antitrust enforcement efforts.

As part of its effort to address the full range of AI policy issues, the Biden Administration touts the AI executive order (EO) as promoting "a fair, open, and competitive AI ecosystem." Indeed, the EO calls on agencies to promote competition in AI and discusses "stopping unlawful collusion and addressing risks from dominant firms' use of key assets," specifically mentioning the use of "semiconductors, computing power, cloud storage, and data to disadvantage competitors." The EO also encourages the Federal Trade Commission (FTC) to consider exercising its rulemaking authority to "ensure fair competition in the AI marketplace."