Finding the Ghost in the Shell
EU and US Antitrust Enforcement of AI Collusion
In recent years, considerable focus has been directed toward AI collusion and whether the proliferation of AI-driven decision-making could enable entities to coordinate in anti-competitive ways beyond the scope of enforcement. While the perceived risk may seem exaggerated - antitrust law is well equipped to deal with these questions, and AI may not lead to unavoidable collusive outcomes - the question deserves careful consideration. Notably, US enforcers face challenges in contrast to their EU colleagues, as the case law has developed a narrow notion of “agreement” or “understanding” under high and inconsistent evidentiary burdens. This event will try to develop our understanding of the risk and potential regulatory options when it comes to closing potential enforcement gaps.
Program for AI collusion (hybrid) event 27 June 2024 CET 1300-1600
| Time | Title and content |
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1300-1315 |
Introduction: Christian Bergqvist Christian Bergqvist is an associate professor at the Faculty of Law and will introduce the program and explain why we need to be mindful of the risk of AI-induced collusion and how this might transpire in practice. |
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1315-1400 |
What can AI provide for: Kristian Storgaard and Jacob Brønnum-Schou ? Kristian Storgaard is a tech lawyer, and Jacob Brønnum-Schou is head of IT, both at Kromann Reumert, and will jointly outline how far AI has come in assisting companies in optimizing their commercial (including pricing matters) strategies. This includes giving examples of how AI has already been deployed and (ab)used to secure actions that may be incompatible with Article 101. |
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1400-1500 |
Next-generation cases, as seen in three pending US cases: Jonathan Rubin Jonathan Rubin is an attorney, Ph.D. economist, and a partner at Mogin Rubin LLP (USA) and will discuss a group of pending US cases involving AI and (alleged) collusion between landlords and hotels. Jonathan Rubin will present the legal challenges confronting the plaintiffs, as US antitrust relies on a much narrower notion of agreements compared to the EU, making it challenging to include all forms of collusion. Jonathan Rubin is representing one of the plaintiffs. For further on some of the US AI cases, see here. |
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1500-1600 |
An EU perspective on the US cases and the reach of Article 101: Erik Kjær-Hansen |
The event will be a hybrid (in-person and online) event and in English. The in-person event will be in Room 8A-0-57 (called FLEXRUMMET) (for map, see here) at the Faculty of Law (Karen Blixens Plads 16, 2300 Kbh. S). The live-streaming link will be provided later.
