AI has continued to come under the scrutiny of government enforcers and private litigants. In July 2025, the White House released America’s AI Action Plan. As we noted in our January 5 Trends to Watch: 2025 Antitrust & Competition Law, on the competition side, plaintiffs have alleged that AI may be used in ways that harm competition, including as part of a conspiracy to use AI-supported algorithms related to pricing or other competitive datapoints. Additionally, control of the data on which AI, at least generative AI is built, is another area that may spur antitrust issues.
This GT Advisory explores the evolving antitrust landscape for AI in 2025, including federal policy developments, algorithm-related litigation, and regulatory scrutiny businesses should be aware of.
Link to America’s AI Action Plan: Regulatory Relief and Innovation Priorities America’s AI Action Plan: Regulatory Relief and Innovation Priorities
AI and algorithms continue to be a topic of interest for U.S. and international antitrust enforcers. Antitrust enforcers in Trump’s second administration continue to be interested in “Big Tech,” though with a goal of also promoting certainty and clarity for businesses.
To that end, in July 2025, the White House released America’s AI Action Plan. America’s AI Action Plan outlines President Donald Trump’s perspective on AI and identifies specific steps to ensure the United States leads the race to achieve global dominance in AI. The plan includes three pillars of action—(1) accelerate AI innovation, (2) build American AI infrastructure, and (3) lead in international AI diplomacy and security—and contains 90 specific policy recommendations aimed at removing regulatory barriers to AI infrastructure development.
It also includes a recommendation to review all Federal Trade Commission (FTC) investigations, final orders, consent decrees, and injunctions “commenced under the previous administration to ensure that they do not advance theories of liability that unduly burden AI innovation … and, where appropriate, seek to modify or set-aside any that unduly burden AI innovation.” Additionally, the plan encourages open-source and open-weight AI (i.e., developers make it freely available for anyone to download and modify), which is relevant to antitrust considerations.
Read the full GT Advisory.