AI and the EU Digital Markets Act: Addressing the Risks of Bigness in Generative AI

TL;DR

This paper discusses how the EU's Digital Markets Act should adapt to regulate generative AI systems, ensuring fair competition and addressing risks associated with large AI platforms.

Contribution

It proposes integrating generative AI as core platform services and classifying developers as gatekeepers under the DMA, offering policy recommendations.

Findings

AI systems may act as gateways for digital services

Proposes AI-specific gatekeeper obligations under DMA

Highlights need for regulatory updates for generative AI

Abstract

As AI technology advances rapidly, concerns over the risks of bigness in digital markets are also growing. The EU's Digital Markets Act (DMA) aims to address these risks. Still, the current framework may not adequately cover generative AI systems that could become gateways for AI-based services. This paper argues for integrating certain AI software as core platform services and classifying certain developers as gatekeepers under the DMA. We also propose an assessment of gatekeeper obligations to ensure they cover generative AI services. As the EU considers generative AI-specific rules and possible DMA amendments, this paper provides insights towards diversity and openness in generative AI services.