AI 市場壟斷：房間里的大象？.pdf

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1、AI Market Monopoly:The Elephant in The Room?Bertin Martens,Senior Research Fellow at BreugelJoo Vareda,Deputy Head of Unit,Unit C3-Antitrust:IT,Internet and Consumer electronics at DG Competition,European CommissionAnne-Gabrielle Haie,Partner at SteptoeSpeakersI.How does the AI market look like?II.W

2、hich initiatives has the European Commission taken with respect to the AI market?III.Does the AI Act address competition issues?IV.Could other EU laws help restoring a level playing-field in the AI market?V.Questions&AnswersWhat will we discuss?How does the AI market look like?150 AI“foundation”mode

3、lsHundreds of smaller AI modelsMillions of applications running on top of AI models=a lot of competition!Slide by Bertin MartensRapidly growing number of competing Foundation ModelsSlide by Bertin MartensMostly open models,easy access for allBut lower quality!Slide by Bertin MartensSource:HAI AI ind

4、ex report,2024Slide by Bertin MartensSource:HAI AI index report,2024Exponential growth in model size,compute&FIXED training costs.Diminishing returns to scale?Slide by Bertin MartensLimited resources for AI model trainingData source typeEstimated stock exhaustionLow-quality language stock2032 (2028

5、2039)High-quality language stock2024 (2023 2025)Image stock2046 (2037-2062)Slide by Bertin MartensLimited resources for AI model trainingData source typeEstimated stock exhaustionLow-quality language stock2032 (2028 2039)High-quality language stock2024 (2023 2025)Image stock2046 (2037-2062)Copyright

6、 enforcement could further restrict stock of training data,especially for AI start-ups Slide by Bertin MartensWhich initiatives has the European Commission taken with respect to the AI market?European Commissions initiativesEuropean Commission has started a horizon scanning of the AI space,and plans

7、 to remain vigilant,given the huge potential AI presentsApr 2021Presentation of the AI PackageDec 2023Political agreement on the AI ActJan 2024Call for contributions on Generative AIRFIs on agreementsJun 2024Workshop on Generative AISlide by Joo VaredaWhat did DG COMP cover?Value chain(see more on n

8、ext slide)Business models monetization,open vs proprietary models Main barriers to entry Drivers of competition Rationale for investments by bid tech players Whether there is a need to adjust antitrust toolkitSlide by Joo VaredaUpstream computational power(including chips)cloud services data talentD

9、ownstream AI deployment applications distributionValue chain of Gen AISlide by Joo VaredaOther competition authorities initiativesUK CMA(September 2023)Published Initial Report on AI Foundation Models;updated in April 2024Portuguese Competition Authority(November 2023)Published Issues Paper on Compe

10、tition and Gen AIHungarian Competition Authority(January 2024)Launched market analysis on the impact of AI on market competition and consumer behaviourUS FTC(January 2024)Launched market inquiry into generative AI investments and partnershipsFrench Competition Authority(February 2024)Launched market

11、 study on AI(key upstream input markets)Slide by Joo VaredaSome lessons for AI from enforcement experienceUnderstanding of market dynamics1Continuous monitoring2Global approach&cooperation3Slide by Joo VaredaDoes the AI Act address competition issues?Focus on the safety and trustworthiness of AI sys

12、tems but it does not directly address competition issuesLimited considerations of smaller players(SMEs and Startups):For providers of High-risk AI systems,right to provide the technical documentation in a simplified manner;Lower amount of the penalties set by the AI Act to be applied;Priority access

13、 to AI regulatory sandboxes;Dedicated channels for communication with competent authorities;Facilitated participation in the standardisation development processes;Consideration by notified bodies when setting conformity assessment fees;etc.Limited measures to support innovation:AI Regulatory sandbox

14、es;Provisions on real-world testing=Not sufficient to address the significant resources and costs required to comply with this overly complex regulation,which will have an impact on the AI marketAI Act(1)Slide by Anne-Gabrielle HaieAI Act(2)Introduction of a right to lodge a complaint against a comp

15、etitor infringing the AI Act?Article 85*Right to lodge a complaint with a market surveillance authority Without prejudice to other administrative or judicial remedies,any natural or legal person having grounds to consider that there has been an infringement of the provisions of this Regulation may s

16、ubmit complaints to the relevant market surveillance authority.In accordance with Regulation(EU)2019/1020,such complaints shall be taken into account for the purpose of conducting market surveillance activities,and shall be handled in line with the dedicated procedures established therefor by the ma

17、rket surveillance authorities.*Drafting included in the text adopted by the Council on 21 May 2024:https:/data.consilium.europa.eu/doc/document/PE-24-2024-INIT/en/pdf Slide by Anne-Gabrielle HaieCould other EU laws help restoring a level playing-field in the AI market?Article 102 of the Treaty of th

18、e EUSelf-preferencingExclusivity deals or refusal to dealTying or bundlingUnfair access conditions or discriminationArticle 101 of the Treaty of the EUAgreements between firms(including non-compete clauses,information exchange,etc.)EU Merger regulationCompetition rulesSlide by Joo VaredaDigital Mark

19、ets Act(DMA)https:/digital-markets-act.ec.europa.eu/gatekeepers_enDMA aims at ensuring fair practice and conditions in the digital sector by regulating the practice of“gatekeepers”AI systems is not listed as“core platform services”,however it falls within the scope of the DMA to the extent that such

20、 AI system is embedded into a CPSMight be too early to go ahead immediately with an ex-ante enforcement regime for competition issues in AI,when we still lack the necessary knowledge to design those rules properly.DMA rules will have an impact on AI:Data use restrictionsAccess rights for business us

21、ersRules on fair ranking Slide by Joo Vareda+BookingData Act The Data Act introduces new rules regarding the access,use and sharing of data generated by connected products or related services.It notably aims at facilitating access to data for start-ups and SMEs Obligation for Data Holders(typically

22、the manufacturers of the connected products and/or the providers of related services)to make Product Data/Related Services Data,including relevant metadata,readily available to Users or under certain conditions,to a third party designated by Users free of charge and without undue delay,and where rel

23、evant and technically feasible,continuously and in real-time Gatekeepers under the DMA cannot be beneficiaries of the data access right.=Relevant for wider access to AI training,validation and test dataSlide by Anne-Gabrielle HaieThe DGA aims at boosting data availability&data sharing by creating pr

24、ocesses&structures to facilitate such data sharing.The DGA provides rules for:Re-use of“Protected Data”held by public sector bodies(complements Open Data Directive);Data sharing through data intermediation services(e.g.,data marketplaces);Data sharing for altruistic purposes.Common European Data spa

25、ces:Creation of EU-wide common,interoperable data spaces in 10 strategic sectors(e.g.,Health,agriculture,manufacturing,energy,mobility,financial)to facilitate data pooling and sharing.=Relevant for wider access to AI training,validation and test dataData Governance Act(DGA)&Common European Data spac

26、esSlide by Anne-Gabrielle HaieQuestions&AnswersDid you enjoy this session?Is there any way we could make it better?Let us know by filling out a speaker evaluation.1.Open the Cvent Events app.2.Enter IAPP AIGG24(case and space sensitive)in search bar.3.Tap Schedule on the bottom navigation bar.4.Find this session.Click Rate this Session within the description.5.Once youve answered all three questions,tap Done.How Did Things Go?(We Really Want To Know)