Research on Competition Law Regulation of Generative Artificial Intelligence from the Perspective of Industrial Chain
Generative artificial intelligence(AI)is a transformative and highly disruptive technology that will change the way current users live,work and communicate,and raises some competition law issues.In addition to traditional anti-monopoly law issues in the field of generative AI,competition law issues in the generative AI industry chain are manifested in industrial mergers and network platform effects such as strangler acquisitions by monopoly structures,data monopoly and exploitative abuse of training data,ecosystem blockade of algorithm research and development,non-competition clauses that constitute exclusive behaviors,blockage provided by computing power,discriminatory treatment,self-preferential treatment,and exclusive behaviors such as bundling of application services,bundling sales,exclusive sales behaviors,and refusal to trade.The traditional competition law regulatory framework is applicable to new business forms of generative AI.At the same time,regulatory agencies pay close attention to and remain vigilant about anti-competition behaviors of new business forms such as generative AI.China's existing competition law regulatory system is still applicable to the new fields of generative AI technologies and business forms.In response to new competition law issues,it is recommended that policies be introduced to promote full competition and innovative development of generative AI technology and industries,special"Artificial Intelligence Anti-Monopoly Guidelines"be formulated,competition law enforcement departments focus on potential anti-competition behaviors of generative AI in different scenarios and sections,and judiciary authorities summarize typical judicial cases in due course and issue judicial interpretations for guidance.
generative artificial intelligenceindustrial chaincompetition law issuecompetition law supervisionsuggestion
NETL
NSTL
万方数据
维普
