Antitrust is a crucial aspect of free enterprise, driving the pricing, quality, variety, innovation, and opportunities that arise in every industry. However, with the advent of artificial intelligence (AI), companies are experiencing an overhaul in how they interact with competitors and consumers. Companies across industries are leveraging machine learning to derive valuable insights without extensive employee involvement. But unpredictable AI outcomes can obscure or even eliminate linkages between AI outputs and business justifications, creating confusion in how to comply with antitrust and consumer protection laws. This situation makes the involvement of experienced competition and consumer protection lawyers crucial to help companies capitalize on AI’s benefits while navigating regulatory and litigation risk. By prioritizing human control and accountability in AI systems, businesses can minimize legal exposure and unintended consequences. Various activities such as benchmarking, signaling, exchanging information, analyzing pricing trends, and data aggregation, can create antitrust issues and facilitate collusive behavior that inflates prices. Implementing policies and processes that preserve accountability and transparency in AI systems are essential to minimize legal exposure and avoid undesired consequences.
Perkins Coie is an international law firm that represents public and private companies from virtually every industry in the United States and in more than 40 countries. The firm’s experience across industries and international borders, combined with AI technology, allows them to deliver diligent and powerful legal counsel to clients.
Henry Hauser, the counsel in Perkins Coie’s antitrust and litigation practice groups, has extensive experience working on issues related to antitrust investigations and litigation under Sections 1 and 2 of the Sherman Act and Section 7 of the Clayton Act. He has represented clients in the technology, life sciences, energy, financial, and retail industries in high-stakes antitrust and commercial litigation matters, including class actions.
