The rapid rise of generative artificial intelligence (GenAI) is poised to revolutionize industries and potentially unleash efficiencies and innovation in the global economy. However, this transformative technology has also garnered significant antitrust scrutiny from commentators and regulators. As GenAI becomes increasingly integrated into sectors such as healthcare, automotive, and finance, among other digital services, competition authorities in the United States, United Kingdom, and European Union are considering each layer of the GenAI stack to help sustain a competitive and innovative marketplace.
In this article, the authors delve into the complexities of the GenAI stack, comprising several layers and building blocks, each presenting unique antitrust and competition challenges. The authors also highlight the concerns of global competition authorities, including access, conditional dealing, interoperability, and transactions, and provide guidance on best practices for compliance in the rapidly evolving GenAI landscape.
