Competition Law Regulation in the Field of Generative Artificial Intelligence

Generative Artificial Intelligence (AI), underpinned by the convergence of data and algorithms, has given rise to novel forms of market dominance. Specifically, the emergence of data closed-loops and opaque algorithmic coordination presents significant challenges to established competition law analytical frameworks. Current regulatory mechanisms face several hurdles in addressing these risks, including the obsolescence of legal elements, inadequate regulatory penetration, and ambiguity surrounding the identification of liable entities. To address these issues, it is imperative to develop a comprehensive, end-to-end supervisory framework and enhance multi-stakeholder collaborative governance. By clarifying the legal obligations of various actors based on the principle of fault-based liability, a regulatory pathway can be established that balances the promotion of innovation with the maintenance of competitive order, thereby adapting to rapid technological advancements.