Ensuring Market Integrity in the AI Era: Policy Insights for Sustainable Progress

Aditi Pangotra
Aditi Pangotra
Research Analyst, Policy & Advocacy, CyberPeace
PUBLISHED ON
Feb 14, 2025
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Introduction

According to Statista, the global artificial intelligence software market is forecast to grow by around 126 billion US dollars by 2025. This will include a 270% increase in enterprise adoption over the past four years. The top three verticals in the Al market are BFSI (Banking, Financial Services, and Insurance), Healthcare & Life Sciences, and Retail & e-commerce. These sectors benefit from vast data generation and the critical need for advanced analytics. Al is used for fraud detection, customer service, and risk management in BFSI; diagnostics and personalised treatment plans in healthcare; and retail marketing and inventory management.

The Chairperson of the Competition Commission of India’s Chief, Smt. Ravneet Kaur raised a concern that Artificial Intelligence has the potential to aid cartelisation by automating collusive behaviour through predictive algorithms. She explained that the mere use of algorithms cannot be anti-competitive but in case the algorithms are manipulated, then that is a valid concern about competition in markets.

This blog focuses on how policymakers can balance fostering innovation and ensuring fair competition in an AI-driven economy. 

What is the Risk Created by AI-driven Collusion?

AI uses predictive algorithms, and therefore, they could lead to aiding cartelisation by automating collusive behaviour. AI-driven collusion could be through:

  • The use of predictive analytics to coordinate pricing strategies among competitors.
  • The lack of human oversight in algorithm-induced decision-making leads to tacit collusion (competitors coordinate their actions without explicitly communicating or agreeing to do so).

AI has been raising antitrust concerns and the most recent example is the partnership between Microsoft and OpenAI, which has raised concerns among other national competition authorities regarding potential competition law issues. While it is expected that the partnership will potentially accelerate innovation, it also raises concerns about potential anticompetitive effects such as market foreclosure or the creation of barriers to entry for competitors and, therefore, has been under consideration in the German and UK courts. The problem here is in detecting and proving whether collusion is taking place. 

The Role of Policy and Regulation

The uncertainties induced by AI regarding its effects on competition create the need for algorithmic transparency and accountability in mitigating the risks of AI-driven collusion. It leads to the need to build and create regulatory frameworks that mandate the disclosure of algorithmic methodologies and establish a set of clear guidelines for the development of AI and its deployment. These frameworks or guidelines should encourage an environment of collaboration between competition watchdogs and AI experts. 

The global best practices and emerging trends in AI regulation already include respect for human rights, sustainability, transparency and strong risk management. The EU AI Act could serve as a model for other jurisdictions, as it outlines measures to ensure accountability and mitigate risks. The key goal is to tailor AI regulations to address perceived risks while incorporating core values such as privacy, non-discrimination, transparency, and security.

Promoting Innovation Without Stifling Competition

Policymakers need to ensure that they balance regulatory measures with innovation scope and that the two priorities do not hinder each other. 

  1. Create adaptive and forward-thinking regulatory approaches to keep pace with technological advancements that take place at the pace of development and allow for quick adjustments in response to new AI capabilities and market behaviours.n
  2. Competition watchdogs need to recruit domain experts to assess competition amid rapid changes in the technology landscape. Create a multi-stakeholder approach that involves regulators, industry leaders, technologists and academia who can create inclusive and ethical AI policies. 
  3. Businesses can be provided incentives such as recognition through certifications, grants or benefits in acknowledgement of adopting ethical AI practices. 
  4. Launch studies such as the CCI’s market study to study the impact of AI on competition. This can lead to the creation of a driving force for sustainable growth with technological advancements. 

Conclusion: AI and the Future of Competition

We must promote a multi-stakeholder approach that enhances regulatory oversight, and incentivising ethical AI practices. This is needed to strike a delicate balance that safeguards competition and drives sustainable growth. As AI continues to redefine industries, embracing collaborative, inclusive, and forward-thinking policies will be critical to building an equitable and innovative digital future. 

The lawmakers and policymakers engaged in the drafting of the frameworks need to ensure that they are adaptive to change and foster innovation. It is necessary to note that fair competition and innovation are not mutually exclusive goals, they are complementary to each other. Therefore, a regulatory framework that promotes transparency, accountability, and fairness in AI deployment must be established.

References

PUBLISHED ON
Feb 14, 2025
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