Bitkom participated in the European Commission's consultation on competition aspects of generative AI.
It is difficult to predict what kind of competition issue may emerge in this market horizontally. Not only because it is fast-evolving but also because it is still at a relatively early stage. It is unclear at this stage how forthcoming regulation will affect competition and to what extent potential concerns will be addressed by forthcoming regulation or regulation already in force, in particular by the DMA.
The current antitrust framework and legislation together with other existing European regulatory framework with the General Data Protection Regulation, Digital Services Act, Data Act, Data Governance Act, Digital Markets Act, AI Act, Net Neutrality Regulation and the Unfair Commercial Practices Directive seems to be fit for purpose for generative AI for the time being.
The Commission (and other antitrust authorities) should continue to examine and monitor the generative AI space. The continued build-out of DG COMP’s Data Analysis and Technology unit can be useful in that respect.
While it is important to continue monitoring the market, Bitkom does currently not see any need for legislative action. The focus should therefore lie on international cooperation for openness, standards and interoperability.
