The present article explores the implication of fairness as a regulatory and competition law concept applied to digital and Artificial Intelligence markets, in light of recent law and policy developments targeting the interaction between data, market power and competition law. Much of the policy discussions, legislative proposals as well some emerging case law elevate the matter of ”fairness” in the context of digital markets and AI, creating both a novel regulatory framework as well as encouraging competition law to curb ”unfairness” of said markets and related ”unfair practices”.
Keywords: digital markets act, artificial intelligence, data competition, data abuse, abuse of data, EU Data Act, EU AI Act, EU Competition Law, law and economics, unfair pricing, excessive pricing, intellectual property law, competition law, antitrust, Meta, Facebook, Microsoft
Funder Statement
The paper is part of ongoing research on Digital Markets, AI and Fairness, supported by a grant by Johan and Jacob Söderberg Foundation
The blog post is a condensed version of Behrang Kianzad article “Fairness, Digital Markets and Competition Law Reconciling fairness norms in Digital Markets Act, EU Data Act and EU AI Act with EU Competition Law”, forthcoming in Journal of Law, Market and Innovation, vol 3, issue 1, 2025. A Pre-print of the article can be found here.