AI and the EU Digital Markets Act: Addressing the Risks of Bigness in Generative AI
This work addresses regulatory gaps for generative AI in digital markets, primarily for policymakers and stakeholders in the EU, and is incremental as it builds on existing DMA frameworks.
The paper tackles the problem of inadequate regulation for generative AI systems under the EU's Digital Markets Act, proposing to classify certain AI software and developers as gatekeepers to address risks of market concentration and ensure diversity in services.
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.