The American Bar Association Antitrust Law Section will convene its annual Antitrust Fall Forum on November 9 in Washington with a full day of programs focused on the intersection between artificial intelligence and antitrust, consumer protection, data security, privacy and national security.
The Fall Forum, “Can Antitrust and Consumer Protection Keep Up with Artificial Intelligence? What You Need to Know,” will explore how AI presents a uniquely pervasive set of technologies, touching market participants, markets and economies while raising complex enforcement and policy issues relating to competition, consumer protection and data privacy. These various issues and their policy implications will be examined by leading experts in multidisciplinary panel discussions led by senior government officials, private practitioners, academics, economists and policy makers.
The one-day program will also offer an opportunity for experts to analyze President Biden’s Oct. 30 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The EO establishes new standards for AI safety and security and covers privacy, equity and civil rights and innovation and competition, among other areas.
U.S. Sen. Richard Blumenthal, D-Conn., and a member of the Senate Committee on the Judiciary, will participate in the Keynote Conversation about AI regulation and potential legislation with Fiona A. Schaeffer, chair of the Antitrust Law Section and a partner at Milbank LLP in New York. Their discussion
will be from 11:30 a.m.-noon.
Individual programs include:
• “The ‘Nuts and Bolts’ of AI Technology” — Successfully navigating the implications of AI for competition, consumer protection and privacy requires a working understanding of the technology. The panel will review the building blocks of AI and focus on how the technology works, how fast it is evolving and the scope of its application. Speakers include Laura Edelson, chief technologist, U.S. Department of Justice (DOJ), Antitrust Division; Alex Gaynor, deputy chief technologist, Federal Trade Commission (FTC); and moderator Alexander Okuliar of Morrison & Foerster LLP of Washington.
• “Algorithmic Bias: Competition, Consumer Protection, and Privacy” — Algorithms are a major tool for achieving the value proposition of digital ecosystems. But they are often viewed as a black box, both as to how they are continually improved and how they are used to achieve certain outcomes. The panel explores the mechanisms for constructing algorithms, particularly when they are designed to achieve different goals, and how this affects consumer decision-making in digital markets. Speakers are Michael Atleson, attorney, FTC Division of Advertising Practices; Michael Kearns, University of Pennsylvania, Philadelphia; Anja Lambrecht, London Business School, London; Tamra Moore, Prudential Financial, Washington; and moderator Maggie Goodlander, deputy assistant general, DOJ Antitrust Division.
• “Agreements and Parallel Conduct (Robots Did It: Collusion, Coordination or Neither)” —Algorithms can make it easier for rivals to achieve mutually beneficial and potentially anticompetitive outcomes. The panel focuses on how coordination on pricing or service is facilitated by algorithms and AI, as well as how antitrust makes distinctions about illegal versus permissible conduct, including whether algorithmic coordination is tacit or explicit. Speakers are Jennifer L. Giordano, Latham & Watkins LLP, Washington; Megan E. Jones, Hausfeld LLP, San Francisco; Ryan D. Tansey, chief, Washington Criminal Section, DOJ Antitrust Division; Christopher Young, Joseph Saveri Law Firm LLP, San Francisco; and moderator Joshua P. Davis, Berger Montague, San Francisco.
• “Keeping AI Competitive: Assessing M&A Proposals” — Consolidation in cloud technology has surged in the last decade, prompting questions about acquirers and acquirees in cloud deals, including AI. The panel looks at the forces driving M&A in cloud computing and what areas are most active, in addition to recurring relevant markets and competitive concerns across transactions. Speakers are Markus Brazill, counsel to the assistant attorney general, DOJ Antitrust Division; Krisha Cerilli, deputy assistant director, FTC Technology Enforcement Division; Daniel P. Culley, Cleary Gottlieb Steen & Hamilton LLP, Washington; Daniel Francis, New York University School of Law, New York; and moderator Diana L Moss, Progressive Policy Institute, Washington.
• “Using AI in Litigation, Audits and Investigations” — As a rapidly expanding technology, AI stands to be both the subject of, and used in, antitrust investigations. As discovery and analysis become more expansive and sophisticated in both public and private investigations, AI will continue to play a role. The panel includes Gwendolyn J. Lindsay Cooley, NAAG Antitrust Task Force chair and assistant attorney general, Wisconsin Department of Justice, Madison; Tom Matzen, Matzen Consulting Group, Austin; Pardeis Heidari, Dell Technologies, Houston; Michael Horoho, FTI Consulting, Boston; and moderator Gabrielle Kohlmeier, Verizon, Washington.
• “Evolving Contours of Public Policy Around AI” — Much like other blockbuster technologies over the last century, there is significant potential for AI to impact markets, economies and societies. Because of its potentially vast impact, managing AI to achieve positive outcomes requires multiple tools. The panel explores the areas of law and policy that are likely to feature prominently in managing AI, how these areas interact and what can be done to promote coordination across areas. Speakers are Jane Horvath, Gibson, Dunn & Crutcher LLP, Washington; Haidee Schwartz, associate general counsel, competition, OpenAI, Washington; Charlotte Slaiman, competition policy director, Public Knowledge, Washington; Katie McInnis, chief Democratic counsel, U.S. House Judiciary Subcommittee of the Administrative State, Regulatory Reform and Antitrust; and moderator Adam S. Cella, senior special counsel, House Committee on the Judiciary.
For the full agenda and additional information, visit www.americanbar.org/groups/antitrust_law/events.
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