Competition and Markets Authority Expresses Concern Over Anti-Competitive Behavior

Summary
On September 18, 2023, the United Kingdom Competition and Markets Authority published a report warning that AI foundation models may “have a significant impact on competition and consumers.” While these foundation models “could allow a wider range of firms to compete successfully,” the report expresses concern that “people and businesses could be harmed . . . if a handful of firms gain or entrench positions of market power and fail to offer the best products and services.” To mitigate these concerns, the report proposes a set of seven guiding principles for UK competition regulation concerning AI, such as encouraging the development of open-source models; supporting the interoperability of AI models so that consumers are not “locked into one provider or ecosystem;” prohibiting anti-competitive conduct like “self-preferencing” or “tying or bundling;” and more.