Artificial Intelligence: The New Frontier of Antitrust Enforcement

Christopher Wheeler moderates the Bar Association of San Francisco's Antitrust and Business Regulation Section CLE program, "Artificial Intelligence: The New Frontier of Antitrust Enforcement."

Session Overview:

In this era of AI, businesses are increasingly using algorithms to make decisions on price and other competitive strategies. This has prompted a debate about the antitrust risks associated with algorithms, ranging from algorithmic collusion to algorithmic predatory pricing to exclusionary conduct through AI. Government enforcers and plaintiffs’ lawyers are starting to take steps to address these issues, including filing cases, hiring data scientists, and conducting industry outreach. The pace is likely to accelerate. We will discuss the prospects of this new frontier of antitrust enforcement, potential theories of liability, and challenges for companies as they seek to innovate with AI.

Topics:

• Algorithmic collusion
• Algorithmic predatory pricing
• Exclusionary conduct through AI
• What businesses should keep top of mind when they rely on AI