Professor Shubha Ghosh, director of the Syracuse Intellectual Property Law Institute, has contributed the opinion article “The DOJ Shouldn’t Re-write Antitrust Law Out of AI Fears” at Legal Dive. The article examines antitrust law history and basis and how current DOJ investigations could limit innovation.
Ghosh discusses how the DOJ seems to believe that AI services, which are now used in about every sector of the economy, could coordinate collusive, anti-competitive behavior in violation of the nation’s antitrust laws.
In summary, Ghosh says “An agreement to fix price requires the meeting of human minds intending to act anticompetitively. Artificial intelligence and algorithms cannot enter into any such agreement or form such intent.”