Ep 50: Generative AI and Competition Law

In this episode, Thibault Schrepel discusses with Aditya Trivedi and Ananya Srivastava on 'Generative AI and Competition law'. They discuss aspects of generative artificial intelligence (AI); interconnection between network and platform effects; computational resources; Bigtech and generative AI; competition policies and AI; non-price competition; FTC cases; data and antitrust; and antitrust enforcement strategy and tools needed to tackle unfair aspects of generative AI. Questions - 1. Welcome to the Podcast, Sir. Please explain the interconnection between network and platform effects and how could Generative AI use them against healthy competition? 2. What are computational resources, which are deemed as one of the key building blocks of Generative AI and how it could be abused to cause unfair competition? 3. How do you think Generative AI can strengthen the positions of the Big Tech in the digital market? 4. How can the policies formulated be accommodating of the dynamism of Generative AI, and what are some indispensable considerations that must be made in such policies? 5. In your working paper titled "Competition Between AI Foundation Models: Dynamics and Policy Recommendations", there is primarily non-price driven competition. What should be the focus of enforcement agencies to effectively regulate competition? 6. The FTC and DOJ have cited several possible anti-competitive conducts that might emerge from Generative AI. Do you think that there could be more such conducts that the FTC and DOJ might have lost sight of and that require equal or more of their attention? 7. As a former FTC official once explained, “everywhere the word ‘algorithm’ appears, please just insert the words ‘a guy named Bob’ . . . . If it isn’t ok for a guy named Bob to do it, then it probably isn’t ok for an algorithm to do it either.” What is your opinion regarding this statement? 8. The FTC has argued that “incumbents have accumulated large amounts of user data over years” and have “developed and honed proprietary data collection tools”. What (measures) according to you would help the new players compete effectively with incumbents when it comes to data collection? 9. Do you think that robust enforcement is the right approach for tackling anti-competitive conducts of Generative AI?