Cornerstone Research’s Post

Very nice panel discussion indeed, with Salomé Cisnal de Ugarte, Silke Hossenfelder, Will Leslie and Jordan Ellison. We covered several topics, including the increasing number of market investigations, sector inquiries, etc. into AI-markets (foundation models, cloud, etc.) and how we all can learn from them. Complementing these investigations, the DMA seems to be main regulatory tool for ensuring competition in AI-markets. One question that continues popping up is whether we need new tools for ensuring effective competition in the new (AI) situation. To answer that question, we need to think about two things: 1. The current digital regulation (DMA & Co.) was triggered by the growing importance of a few market features, such as network effects, data as input, innovation and the emergence of ecosystems. Thankfully, this regulation could rely on a wide-scale economic research on the economics of these market features. In most experts' view it is now sufficient to address competition issues triggered by these market features in all types of digital markets. 2. Do these market features show some novel economic characteristics in AI-related markets that may affect competition and that are not covered by the current digital regulation and the supporting economic literature, or are there any new market features that affect the effectiveness of competition in AI-markets, but that are missing from non-AI-related digital markets? If the answer to Q2 is 'No', then DMA & Co. (incl. merger control) should be (more than) enough to ensure effective competition in AI-markets. However, if the answer to Q2 is 'Yes', then economists should develop the underlying (competition) economic theory and one could think about whether and how to convert that into new regulatory tool(s). We may not be late with that. To my current knowledge the answer to Q2 is 'No'. That might change in the future though. But even until then, I’d be happy to discuss further with anyone who may be interested. PS. We, those close to competition policy and regulation, often tend to forget that AI is so much wider than just large language models, or even foundation models. There is so much going on that we don't understand well enough, but that we should aim to understand. It must be hard for regulation to get the balance right. #AI #competitionlaw #digitalmarkets #DMA

I will try to do some "horizon scanning" for this panel (next Commission's antitrust agenda) at GCR Live: Law Leaders Europe 2024 in Brussels next week! You can register here. I hope to see many of you at the event: https://lnkd.in/evMZT38c   #GCRLive #GlobalCompetitionReview #LawLeadersEurope #CompetitionLaw

How are competition authorities pushing the boundaries of competition law? Marta Giner Asins and Dr Martyn Taylor discuss the evolution of global antitrust and trends on the horizon in 2024, including: 👉 new areas of focus, such as investigations into “new generation cartels” and the introduction of new digital regulatory regimes 📣 the role of competition authorities in implementing government policy 🌎 how antitrust developments in the US and EU can drive developments around the world You can watch the full video here: https://ow.ly/F9U550R2aTl

📆 Antitrust & Competition partner Nathalie Jalabert-Doury will be speaking at the Annual Conference on European Competition Law 2023 of the Academy of European Law ERA on 7 December.   She will more precisely discuss the interplay between competition and data protection.   The conference will take place in Trier, Germany but can also be attended remotely via livestream.   👉 Information and registration : https://lnkd.in/gctR2xet #Competition #DataProtection #europeanlaw #era

It's been a year of landmark antitrust developments, and 2023 saw major proposed reforms in antitrust enforcement policy by the Federal Trade Commission (FTC) and Department of Justice (DOJ). President Biden's call for restrictive antitrust legislation targeting "big online platforms" was met with a renewed focus on regulating key and emerging industries. Despite these headwinds, big tech enjoyed a significant victory, suggesting that the courts may not be fully on board with the agencies' aggressive approach. As we look to 2024, keep an eye out for further developments in this rapidly evolving landscape. https://lnkd.in/gy7S4Zcd #ldmglobal #CLOC #cgi2023 #ALSP #CLM #managedreview #legaltech #legalinnovation #legaloperations #documentreview #ediscovery #contractmanagement #contracts #lawfirms #contractreview #contractlifecyclemanagement #contractintelligence #contractdrafting #dataprivacylaw #legalsolutions #legalops #cyberlaw #duediligence #mergersandacquisitions #cyberattack #cyberawareness #cyberintelligence #divestitures #litigationsupport #practicemanagement #privacy #mergersandacquisitions #antitrustlaw #anticorruption #fcpa #antitrust #investigations #gdpr #gdprcompliance #gdprcompliant #BusinessLaw #BestPractices #datasecurity #innovation #ILTACON2023 #cyber #lpo #bpo #exoedge #legal #paralegal #legalassistant #AI #FTC

John Sherman, of the 1890 Sherman Antitrust Act, was born this day in 1823. For anyone interested in knowing more about what the antitrust laws are and how they are enforced, here are three fantastic resources: (1) Alden Abbott – Antirust Laws: A Primer - https://lnkd.in/eA3km9uf (2) Greg Werden – Foundations of Antitrust - https://lnkd.in/eGCZts-C (3) Satya Marar – Artificial Intelligence and Antirust Law: A Primer - https://lnkd.in/eShJ6nUw

#digitalplatforms, #competition #law, And #regulation | This book examines the #challenges that competition law faces in the context of converged #digitalmarkets, focusing on the role of intellectual #property and competition law in ensuring a competitive #digitalsinglemarket. It critiques current regulatory approaches across various jurisdictions, discussing potential shortcomings in addressing issues like #market contestability and the balance between #regulation and rights such as privacy. The book calls for a more #economicanalysis to strengthen #innovationpolicies in the #digitalage. > By Kalpana Tyagi, Anselm Kamperman Sanders, and Caroline Cauffman at Maastricht University

Looking forward to speaking at the 16th edition of "GCR Live: Law Leaders Europe 2024" this week in Brussels. This conference brings together local and international private practitioners, corporate counsel, and government enforcers, to explore the key developments in competition law. We have a great panel on "AI and Competition law" featuring high-caliber speakers like Jordan Ellison, Silke Hossenfelder, Will Leslie, and Norbert Maier. Hope you can join us on July 10! #GCRLive #GlobalCompetitionReview #LawLeadersEurope #CompetitionLaw #Antitrust #MergerControl #Partnerships #AI #artificialintelligence #GenAI #King & Spalding 

Comprehensive empirical reviews of antitrust cases have confirmed the stark reality that the rule of reason is a useless analytical tool for determining whether a method of competition violates the antitrust laws. In this article, author  Daniel Hanley (Open Markets Institute) calls for it to be abandoned and bright-line rules restored as a predominant component of antitrust law.... https://lnkd.in/g4TbFNU4