The Canadian Competition Bureau (the "Bureau") continues to focus on the intersection between artificial intelligence ("AI") and competition law. Earlier this fall, the Bureau hosted the Competition Summit 2024: Market Dynamics in the AI Era, which provided insight into how AI will impact Canadian competition law policy and enforcement, and has released a report summarizing key take-aways. Through investments in its own capabilities and collaboration with domestic and international partners, the Bureau also remains committed to ensuring that it keeps pace with the evolution of the AI ecosystem and technologies, how new business practices may impact competition, and analytical and enforcement best practices.
The Bureau hosted Canada's Competition Summit 2024: Market Dynamics in the AI Era (the "Summit") on September 16, 2024. The Summit featured regulators, industry experts and academics to discuss how AI may reshape competitive dynamics in the economy, drive innovation and democratize markets, and the need for vigilance to prevent anticompetitive behaviour. The Summit showcased Canadian and global perspectives, with the Commissioner of Competition (the "Commissioner") delivering opening remarks, Federal Trade Commission Chair Lina Khan delivering the keynote address, and participation from foreign competition authorities.
The Commissioner's opening remarks highlighted how AI is now mainstream and no longer a niche topic, and confirmed that the Bureau is striving to be at the forefront of AI to take advantage of its opportunities while seeking to protect Canadians and the economy from its risks. Reflecting on the Bureau's recent AI initiatives, the Commissioner identified the following themes from submissions to the Bureau's recent consultation on its Discussion Paper: Artificial intelligence and competition which was issued in March 2024:
For a summary of the Bureau's discussion paper and insights for businesses on its thinking in this area, read our client alert here.
At the Summit, panelists from Canadian universities and regulators, strategic advisory firms, AI non-profits, and international competition authorities examined a variety of issues at the interface of AI and competition. For example, the explosion of AI technologies has prompted competition authorities internationally to launch consultations and studies to better understand its implications and whether current competition regulatory frameworks are flexible enough to address new AI-related challenges.
The Bureau recently published its key take-aways from the Summit in its Report on Summit 2024: Competition in the AI Era, reflecting the perspectives of speakers and participants and the Bureau's own observations:
The Bureau has also participated in several other initiatives and forums related to AI throughout 2024. The Bureau's annual Fraud Prevention Month campaign in March 2024 focused on the new and growing misuse of AI to defraud consumers. The Canadian Digital Regulators Forum - an intragovernmental partnership between the Bureau, the Canadian Radio-television and Telecommunications Commission, the Office of the Privacy Commissioner of Canada, and the Copyright Board of Canada established in 2023 to collaborate regarding digital markets and platforms - hosted an AI Speaker Series featuring presentations from academics and industry experts. Finally, in October 2024, the Commissioner attended the G7 Competition Authorities and Policymakers' Summit, which examined cross-border concerns around the intersection of AI and competition, including AI's rapid uptake and the growth of AI markets, and committed to advancing global cooperation and coordination for responsible AI development and use.
These developments underscore the growing importance of AI to competition and how regulators' understanding of its emerging impact will be central to regulatory policy and future decisions. This remains an area to watch closely as it continues to evolve.