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Newsletter

GenAI Is the Top Competition Priority

Christophe Carugati

n°10 Free Edition

6 November 2024

Key Updates on Digital and Competition Policies I Meet in NYC and Seattle

What matters in digital competition, and what implications does it have for digital and competition policies? What can we expect next?


As an expert in digital and competition policies and the founder of Digital Competition, I specialise in providing research and advice on complex and emerging issues to advance open digital and competition policies for better innovation. Our services include policy hubs for research on global digital and competition issues, consultations, training, and conferences for various stakeholders such as tech firms, venture capitalists, law firms, governments, and organisations navigating intricate regulatory landscapes.


I welcome inquiries for membership, consultations, and press inquiries at Christophe.carugati@digtal-competition.com


I want to emphasise that I have not received any funding for this newsletter and have no conflicts of interest with the firms mentioned below. This newsletter is a monthly free edition, and you are welcome to share it or unsubscribe anytime.

Forward

 

The generative AI sector is rapidly evolving, with new AI models and applications emerging frequently. As a transformative technology, AI has become a top priority for competition authorities focused on maintaining competitive dynamics in this space. Authorities are deepening their understanding of the essential inputs for AI model development and signalling a readiness to take proactive measures where necessary. I am here to support your understanding of market and regulatory developments in the AI sector through a range of services, including commissioned research, consultations, training sessions, and conferences.

 

I am doing a « competition tour » in the United States (New York and Seattle) and Canada (Ottawa) this month. I will engage with the competition community on emerging digital and competition policy issues post-European and American elections. Key topics include market and regulatory developments in AI, emerging technologies and digital markets regulations (like DMA), tradeoffs between copyright and competition in the age of AI, competitiveness, non-notifiable mergers, and international collaboration.

 

I would be delighted to meet with you in person to discuss these themes:

New York: November 20-23

Seattle: November 25-29

Ottawa: December 2-6

 

I will be also available to discuss/do research, consultation, training on digital and AI markets, and conference. Please feel free to reach out to arrange a meeting at christophe.carugati@digital-competition.com. I look forward to our conversation.


My Work


Training: Summer School on Digital and Competition Policies: The summer school offers a comprehensive overview of the fast-changing regulatory and market developments related to digital and AI markets. The summer school

 

Next month, I will be in Canada to train the staff of the Canadian competition authority. I am here to help and would be happy to assist you with your challenges as well. Feel free to reach out!



Consultations: Struggling with Europe's Digital Regulations? I am here to help companies, law firms, and authorities overcome the complexities of cross-regulatory issues in Europe through strategic insights and policy advice to ensure they consistently navigate digital regulations.



Event: AI and competition law: I l had the pleasure to speak at the European Competition Day in Budapest on AI and competition law with László Bak (Vice-President of the GVH), Guillaume Loriot (Deputy Director General, DG COMP), and Ana Sofia Rodrigues (Member of the Board, Portuguese Competition Authority). Killer acquisitions, proactive enforcement, and Europe’s competitiveness were among the key topics. Recording.

 

Research projects: Let’s work together

I am open to collaborating on digital and competition research projects focusing on generative AI, mobile ecosystems, the transition from search to answer engines, platform regulations, international coherence of digital market regulations, the intersection between competition and privacy, and the relationship between competition and competitiveness. Additionally, I am seeking funding opportunities from corporations or public institutions to support these endeavours. Please don't hesitate to reach out at your convenience to delve deeper into these topics.

 

I will also gladly intervene as an expert to help you solve DMA-related issues.

 

News

 

Generative AI

 

New studies on AI and competition focus on data. In Portugal, the Portuguese competition authority released a study addressing competition concerns that may arise notably from exclusive clauses in data partnerships between right holders and model developers. These clauses could limit access to proprietary data and potentially hinder competition. Meanwhile in Hungary, the Hungarian competition authority published a report emphasising the significance of minority language datasets to support Hungary's competitiveness in AI. Portugal. Hungary

 

G7 competition authorities on AI. In a joint communiqué, G7 competition authorities highlighted potential competition concerns in AI and invited stakeholders to adhere to AI competition principles. They also indicated their intent to take proactive measures to ensure a fair and competitive AI market. The Communiqué

 

Amazon/Anthropic cleared in the UK. The UK’s Competition and Markets Authority (CMA) closed its review of the Amazon/Anthropic partnership, concluding the deal did not meet the UK merger control threshold. The partnership

 

Microsoft scrutiny in Germany. The German competition authority has designated Microsoft as subject to “DMA-like” regulation under national law. This designation allows the authority to impose obligations if necessary, citing Microsoft’s expansion into the AI and cloud sectors as a potential source of competition concerns. The designation

 

Nvidia/run:ai merger review in Europe. Following a referral request initiated by Italy, the European Commission has taken up the Nvidia/Run:aI merger review. This is the first time the Commission is using this strategy to assess non-notifiable mergers since its initial announcement during the Microsoft/InflectionAI review The merger


Digital Markets Act (DMA)

 

X not a gatekeeper. Despite meeting quantitative thresholds, the social media platform X was not designated as a gatekeeper under the DMA because it is not deemed a critical gateway between business users and end users. The non-designatation

 

Apple’s compliance report. Apple has published its latest compliance report detailing its adherence to DMA obligations, specifically focusing on iPadOS. The compliance report

 

Antitrust

 

UK-EU Competition Cooperation Agreement: A new cooperation agreement enables the UK’s CMA to work more closely with the European Commission and national competition authorities on investigations, promoting consistent decision-making across jurisdictions. The agreement

About the author

Christophe Carugati

Dr. Christophe Carugati is the founder of Digital Competition. He is a renowned and passionate expert on digital and competition issues with a strong reputation for doing impartial, high-quality research. After his PhD in law and economics on Big Data and Competition Law, he is an ex-affiliate fellow at the economic think-tank Bruegel and a lecturer in competition law and economics at Lille University.

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