Thursday, July 24, 2025

Exploring the Intersection of Artificial Intelligence and Abuse of Dominance in EU Law

The emergence of artificial intelligence (AI) poses challenges for EU competition law, particularly in relation to Article 102 of the Treaty on the Functioning of the European Union (TFEU), which addresses abuse of dominant market positions. Renowned for their autonomy, AI systems can lead to potential violations by favoring a company’s products or engaging in pricing abuses, such as predatory pricing or unjustified price discrimination. Market definition becomes complex, especially in AI sectors, amplifying concerns about dominant firms misusing their positions by restricting access to essential data and IT components. Practices like tying and bundling can further obstruct competition, exemplified by recent investigations into Microsoft’s Teams product. With competition authorities scrutinizing these dynamics, it is crucial for companies to navigate AI’s intricate intersection with competition law carefully. Compliance and fair market practices are essential to avoid accusations of anticompetitive behavior and sustain a competitive landscape in the evolving AI domain.

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