Robin Feldman (UC Law) and Caroline A. Yuen (UC Law) have posted “AI and Antitrust: “The Algorithm Made Me Do It”” on SSRN. Here is the abstract:
As the dawn of AI rises rapidly, competition authorities may wish to contemplate the potential for hazy days ahead. Undoubtedly, AI offers exciting possibilities for society-from sparking innovation, to enhancing efficiency, to easing life’s burdens, to leveling the playing field for non-native speakers. Nevertheless, the future of AI may bring more than the opportunity to bask in its glow. As AI becomes a more accurate and skillful tool, it could conceivably lead to more anticompetitive hub-and-spokes arrangements that current competition laws may not be fully equipped to evaluate. Using the pharmaceutical supply chain as an example of an industry with concentrated intermediaries, this article discusses how such structures are tacit collusion, and how AI is likely to exacerbate the issue.