Frontier artificial-intelligence (AI) labs may have good reasons to tap the brakes. The antitrust question begins when they all reach for the same pedal.
Anthropic CEO Dario Amodei’s proposal to “pace the frontier” has become a rallying point for AI
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Brussels Writes the Answer Key
Ask Brussels what ChatGPT is, and you get two answers. Under the Artificial Intelligence Act (AI Act), the European Union regulates it as artificial intelligence. On Aug. 31, the European Commission supplied another answer when it designated ChatGPT as a…
The DMA’s Magic Words and Missing Off Switch
The European Union’s Digital Markets Act (DMA) depends on two terms that lawmakers never defined. “Fairness” and “contestability” determine how the European Commission measures gatekeeper compliance, imposes new obligations, and grades its own performance every three years. The law uses…
The Right-Answer Machine: Who Decides What Chatbots Should Say?
The trouble with chatbots is right there in the name: They talk. When that talk contributes to harm, policymakers face a deceptively difficult question. Should they seek rules that amount to policing dangerous conduct, or deciding what the chatbot should…
Move Slow and Collude: The Antitrust Problem With Pacing AI
The frontier AI race’s latest safety proposal would have the leading contenders agree on how fast to run. Antitrust law has a less flattering name for that arrangement: a cartel.
That is the central problem with the “pacing the frontier”…
Checkout Error: A Bad Grocery Plan Meets a Weak Antitrust Case
I’ve criticized plenty of private antitrust cases. This may be the first in which the plaintiffs sued to stop a genuinely bad idea—and I still think they should lose. That is the odd posture of the antitrust challenge to Mayor…
Prime Targets: Amazon, No-Poach Rules, and the Limits of Antitrust
The State of New Jersey’s antitrust case against Amazon begins with a serious allegation: that Amazon restricted drivers from moving among competing delivery contractors. But the state’s complaint goes much farther. It argues that Amazon’s entire Delivery Service Partner (DSP)…
All-Inclusive Antitrust: Europe’s New Route to Merger Prohibition
Booking.com wanted to become a one-stop shop for a traveler’s entire journey. European regulators saw a different itinerary: a one-way trip to deeper dominance.
In a closely watched Sept. 9 judgment, the European Union’s General Court upheld the European…
Rate Expectations: Apple and the New Price Regulators
Competition policy is supposed to protect the competitive process, not do double-duty as price regulation. Yet the line between the two appears to be blurring in both a U.S. antitrust case and the European Union’s enforcement of the Digital Markets…
One AI, Two Rulebooks: Brussels’ ChatGPT Conundrum
ChatGPT can draft a memo, plan a trip, and search the web. As of Aug. 31, it can add another line to its regulatory résumé: The European Commission has designated it a “very large online search engine” under the Digital…