Generative Artificial Intelligence and Competition: The Main Takeaways of the Recent Opinion Issued by the French Competition Authority

By: Marc Barennes & Stefano Belle (The Platform Law Blog)

As generative Artificial Intelligence (AI) experiences rapid growth, competition authorities around the world are increasingly focused on researching and addressing potential violations of competition laws within this sector.

In this context, the French Competition Authority (FCA) issued its first opinion on the competitive dynamics of the AI sector on June 28, 2024. Earlier this month, Benoît Coeuré, President of the FCA, shared additional insights on the Opinion and the FCA’s perspective during a conference in Paris.

The FCA’s Opinion aims to provide an initial competition analysis of the AI sector. It identifies key competition risks, outlines potential anticompetitive practices that could be subject to investigation and sanctions, and offers recommendations for mitigating these risks.

Therefore, the Opinion should not be seen as a simple preliminary analysis but rather as a clear statement of the FCA’s priorities. It also serves as a valuable framework for market participants to assess their practices as they anticipate future regulatory decisions.

CONTINUE READING…