Research report 2025 - Max Planck Institute for Innovation and Competition
The role and limits of competition law in AI innovation competition
Authors
Drexl, Josef; Kim, Daria
Departments
Max-Planck-Institut für Innovation und Wettbewerb, München
Summary
Traditional competition law instruments often prove insufficient for identifying practices that may impair competition in the dynamic and complex AI environment. Therefore, competition law and its enforcement should therefore place greater emphasis on protecting dynamic competition, including when assessing strategic partnership agreements. In an innovation context, this means promoting competition as a process of discovering knowledge about future products and innovation strategies, and protecting the freedom of AI developers from unjustified restrictions in this regard.