Competition concerns with foundation models : a new feast for big tech?

Mitra, Shourya (2024) Competition concerns with foundation models : a new feast for big tech? European Competition Journal, 21. pp. 140-160. ISSN 1757-8396

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Abstract

The paper explores how Generative AI intersects with Competition Law, focusing on Foundation Models (FMs) and Large Language Models (LLMs). It examines industry dynamics and identifies key competition issues like entry barriers, tying, leveraging, and acquisitions. It highlights the supply chain's importance and looks at how FMs are integrated into search software, chatbots, and productivity tools, particularly noting entry barriers such as computing power and data collection. It suggests that FMs might require new approaches to market delineation, possibly creating a separate relevant market for data. The paper also discusses various cases pertaining to tying and leveraging and highlights the difficulty in proving tying due to the blurred lines between traditional search engines and AI chatbots. It illustrates how competition assessments for acquisitions may require changes due to data being a highly flexible commodity for the industry. The paper concludes by calling for increased scrutiny and regulation for the industry.

Item Type: Article
Keywords: Competition law | generative AI | Artificial Intelligence | digital markets | data
Subjects: Social Sciences and humanities > Business, Management and Accounting > Business and International Management
Social Sciences and humanities > Business, Management and Accounting > Management Information Systems
Social Sciences and humanities > Business, Management and Accounting > Management of Technology and Innovation
Physical, Life and Health Sciences > Computer Science
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Gautam Kumar
Date Deposited: 01 Oct 2025 15:08
Last Modified: 01 Oct 2025 15:08
Official URL: https://doi.org/10.1080/17441056.2024.2379142
URI: https://pure.jgu.edu.in/id/eprint/10168

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