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Antitrust enforcement: Emergence of artificial intelligence poses new challenges for courts

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16.10.2018

The evolution of self-learning algorithms and sophisticated computers has posed new challenges to the enforcement of antitrust laws. A decade ago, nobody would have thought that these sophisticated algorithms would become a competition concern. With activities like Internet of Things (IoTs), our everyday movements are being continuously tracked, and companies, to leverage their profitable position in the market, use our data. The purpose of this data collection is to conquer future market for Artificial Intelligence (AI). So, it is relevant to ask if AI calls for a regulatory intervention? (According to Merriam-Webster dictionary, AI means development of software and computers capable of self-learning and intelligent behaviour.)

While developing a future system for AI, it is important to bear in mind the standard-setting process to safeguard the future balance of competitive forces in the market and not to overlook the legal challenges posed by AI. It raises questions about the relationship between man and machine, the ability of humans to control the ‘deep-learning’ algorithms that are fed by data, the liability of humans, accountability for machine activities, and the antitrust liability of algorithm creators and users. Take, for example, the sophisticated pricing algorithms being used by commercial giants in online platform markets. They raise a potential risk of tacit collusion. Prima facie, they appear to be........

© The Financial Express