Artificial Intelligence and Competition Law in the Transatlantic Sphere: Navigating New Frontiers in Regulation and Enforcement

This paper examines the implications of artificial intelligence (‘AI’) for competition law in the European Union (‘EU’) and the United States (‘US’), with particular attention to the regulatory challenges and enforcement dilemmas created by emerging AI technologies. It draws comparisons with developments in blockchain regulation to explore how the distinctive features of AI, including self-learning algorithms, dependence on large volumes of data, and strategies designed to entrench market dominance, interact with competition law principles and practice.

The analysis considers whether AI has the potential to facilitate monopolistic behaviour, the significance of data as a driver of market power, and the difficulties of maintaining competitive fairness in markets shaped by AI. It also evaluates whether existing legal frameworks are adequate to address these developments or whether they require significant reform. The paper argues for a threefold strategy. First, AI developers and competition authorities should engage at an early stage to ensure that antitrust concerns are considered during project design. Second, competition authorities should explore how AI can be used to strengthen their own enforcement capabilities, particularly in market monitoring and data analysis. Third, cooperation between the EU and US authorities should be deepened to develop a coherent transatlantic response, recognising the global character of AI technologies and their economic effects.

By situating the debate on AI alongside insights from blockchain regulation and competition law, the paper seeks to clarify the challenges that AI poses for established antitrust concepts and enforcement. It aims to provide policymakers and practitioners with practical recommendations for ensuring that competition law continues to safeguard market integrity and consumer welfare in the digital economy.