Former DOJ Antitrust Chief Says AI Needs No Special Exemptions

Ex-DOJ antitrust head Kanter says AI firms don’t need special antitrust exemptions.

Jonathan Kanter, former Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice, recently discussed antitrust considerations for AI companies in an episode of The Verge's Decoder podcast.

Kanter emphasized that AI developers do not require special antitrust exemptions to collaborate on safety measures. "Companies can adopt general safety standards without an antitrust exemption," he said, highlighting that existing laws permit limited coordination that does not hinder competition.

He further stressed that companies remain responsible for ensuring their AI products are safe and called on Congress to clarify liability rules when AI systems cause harm. This legislative clarity would better balance innovation with public protection.

Contrary to some arguments favoring domestic AI monopolies to counter China's growing market, Kanter advocated for competitive open markets. "The beauty of that is you can be less invasive," referring to competition enforcement that encourages innovation without overreach.

Supporting Kanter’s view, in July 2024, the Federal Trade Commission, Department of Justice, and global antitrust authorities issued a joint statement reaffirming their commitment to protect competition within the AI ecosystem. They noted AI’s tremendous potential but warned that lax competition could stifle its benefits.

Kanter’s insights suggest that existing antitrust frameworks can address the safety and competition challenges AI presents without creating carve-outs. This approach provides legal counsel and tech firms with guidance on managing coordination risks while promoting a competitive marketplace.