Labor markets, artificial intelligence (AI), and consumer-related issues will be under the microscope from antitrust investigators around the globe in 2024, reported The American Lawyer, citing some of the major trends identified in Morgan Lewis’s recently issued Global Cartel Enforcement Report 2023.
“Labor markets, which have been a trend in the US for a few years, are now becoming increasingly international. And there are now investigations in Europe, in the UK, and in other jurisdictions around the world,” said partner Omar Shah.
The American Lawyer article also cited the firm’s report in predicting an uptick in the use of AI by investigators, as well as an increase in investigations focused on how AI is being used and abused to further collusion.
Partner Clay Everett said that authorities in the United States are already looking at how companies are using various AI algorithms. “The idea is everyone, through the algorithm, is using the same data and getting recommendations that are using the same algorithm. So even though the companies may themselves not be in any way agreeing with one another, the concern or focus of the investigations is that the algorithm is essentially facilitating some sort of coordination between the companies.”
Clay added that since AI is still a new area, it is unclear if any of it will be found to violate antitrust law, or in what circumstances it may.