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Abstract
This article examines the issues and significance of artificial intelligence and its legal regulation within the framework of competition law. In particular, the study analyzes the extent to which artificial intelligence affects the competitive environment, its distinctive features in the digital market, and its potential to give rise to anticompetitive conduct. The author explores how artificial intelligence considered a new generation actor in the digital market and its products, such as ChatGPT, AI-based systems, and other data-driven assistants, may facilitate anticompetitive practices traditionally observed in conventional markets. Special attention is paid to the issue of identifying the relevant subject of liability, as well as to the distinctive characteristics that differentiate digital platforms from their early forms. The main findings and recommendations are presented in the concluding section.
Furthermore, the article separately examines the potential consequences arising from artificial intelligence creating conditions conducive to anticompetitive behaviour. These consequences include, inter alia, abuse of a dominant position by platforms, anticompetitive agreements, concerted practices, economic concentration, and unfair competition. One of the most significant challenges identified is the complete absence of an effective legal regulatory mechanism, with particular emphasis placed on the growing likelihood of artificial intelligence inducing anticompetitive conduct. Within the scope of competition law, there is still no unified set of legal norms addressing these issues, which in turn gives rise to a number of challenges for the legal system. The article also engages in critical discussions concerning these unresolved regulatory gaps.
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