“Generative AI in Check: Gatekeeper Power and Policy Under the DMA,” Alba Ribera Martínez
PLAMADISO Talk by Alba Ribera Martínez (University Villanueva) – 16 January 2025 || Organized by the Research Group “Digital Economy, Internet Ecosystem & Internet Policy” @Weizenbaum Institute for the Networked Society
Title: Generative AI in Check: Gatekeeper Power and Policy Under the DMA
Abstract
The deployment of systems of Artificial Intelligence (#AI) has become mainstream and popular among small and large economic operators. One of the most significant developments includes services that rely on natural language processing (NLP), often in the form of chatbots. Multimodal AI and #generativeAI systems have attracted regulatory interest due to their widespread global adoption. Concentration levels at different levels of distribution of these systems have seen a particularly stark increase. According to regulators, such a trend prompts the need to intervene so that AI systems can remain transparent, explainable, non-discriminatory and fair.
In the EU, enforcers of the Digital Markets Act (#DMA) are already considering how to square the circle of capturing AI through its provisions. This paper identifies a key preliminary challenge to such an integration: the issue of scope. To design effective regulatory reforms aimed at addressing concentration, it is essential to clarify which aspects of AI systems should be targeted. This includes determining whether the focus should be on the monopolistic issues arising from feedback loops in training data or, alternatively, on addressing concentration at the levels of AI input or output.
In line with the DMA’s spirit, the paper argues that legislative developments should take place at the input level as well as regarding training data. After that, the paper sets forth two states of the world. First, the DMA’s current enforcement and scope of application. Second, the DMA’s potential in the future to capture generative AI as a core platform service.
Link to the presented paper: https://papers.ssrn.com/sol3/papers.c...
Short Bio
Alba is a law scholar and lecturer in Competition Law at Universidad Villanueva. She obtained her PhD in Competition Law at University Carlos III of Madrid under the thesis ‘Move Fast and Break Nothing: EU Competition Law Interacting with Data Protection Interests’, with the highest distinction (cum laude). Her current research interests include digital regulation, tech law, fundamental rights and data protection regulation. Alba has held several editorial positions, such as in Kluwer Competition Law Blog and at the Journal of European Competition Law & Practice.
More info about Alba Ribera Martínez:
Google Scholar: https://scholar.google.com/citations?...
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