AI and the EU Digital Markets Act: Addressing the Risks of Bigness in Generative AI

The EAAMO Working Groups are dedicated to promoting collaboration across various disciplines, a mission highlighted by the research of Ayşe Gizem Yaşar on ‘AI and the EU Digital Markets Act: Addressing the Risks of Bigness in Generative AI.’ This research, conducted with colleagues Andrew Chong, Evan Dong, Thomas Krendl Gilbert, Sarah Hladikova, Roland Maio, Carlos Mougan, Xudong Shen, Shubham Singh, Ana-Andreea Stoica, Savannah Thais, and Miri Zilka, examines the impact of advanced AI technology within the European Union’s Digital Markets Act (DMA). The DMA is designed to manage risks associated with large digital market platforms, focusing on areas not typically covered by standard antitrust and competition laws. Its aim is to lower entry barriers and ensure fair competition between dominant platform providers and smaller businesses.

The team’s findings, published in an arXiv paper, argue for the inclusion of generative AI in the DMA’s scope. They suggest that some generative AI services have characteristics similar to those of major platform controllers and should be identified as ‘core platform services’ in the DMA. The paper outlines three primary ways in which generative AI might act as key influencers: through 1) their computing power, 2) their advantage as early market entrants, and 3) their control over data and integrated systems. The authors recommend a detailed evaluation of the DMA’s rules for these influential players to ensure they are appropriately applied to generative AI services. They also propose potential changes to the DMA, aiming to promote a diverse, open, and fair market for generative AI services. Please read the paper to find valuable insights for policymakers considering specific rules for generative AI in the context of the Digital Markets Act.