"Can Machines Commit Crimes Under US Antitrust Laws?" by Aslihan Asil and Thomas Wollmann
 

Document Type

Article

Publication Date

2023

Abstract

Generative artificial intelligence is being rapidly deployed for corporate tasks including pricing. Suppose one of these machines communicates with the pricing manager of a competing firm, proposes to collude, receives assent, and raises price. Is this a crime under U.S. antitrust laws, and, if so, who is liable? Based on the observed behavior of the most widely adopted large language model, we argue that this conduct is imminent, satisfies the requirements for agreement and intent under Section 1 of the Sherman Act, and could confer criminal liability to both firms as well as the pricing manager of the competing firm.

Library of Congress Subject Headings

Corporation law, Artificial intelligence, Criminal liability, Antitrust law--Criminal provisions

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