POLITIKA ZAŠTITE KONKURENCIJE U ERI VEŠTAČKE INTELIGENCIJE: IZAZOVI I PRAVCI RAZVOJA NOVOG REGULATORNOG OKVIRA

Abstract

The development of digital markets presents a profound transformation in the functioning of economic systems. In a period of rapid change, the accelerated growth in the production and use of tools based on artificial intelligence (AI) was not widely anticipated. However, the application of AI at all levels of business, as well as its widespread use by end users, has brought to light the limitations of existing legal frameworks and regulatory measures, particularly in the field of competition policy. Traditional laws and regulatory instruments are not fully applicable to the domain of AI, primarily because its use gives rise to new forms of competition among market participants, as well as new possibilities for anti-competitive behavior. These processes occur at a much faster pace and on a significantly broader scale, often reaching global proportions. The emergence of innovative and rapid competitive strategies, the attainment of dominant market positions, collusion, secret agreements, and even tacit price monitoring through algorithms without human intervention, creates substantial challenges for regulatory authorities. In particular, it complicates their ability to effectively monitor market dynamics and to prevent excessive market concentration in a timely manner. We are witnessing the dominance of a small number of technological and software giants in the global market, largely driven by the concentration of data. Competition policy faces a range of challenges to which it must respond with considerable speed. At the same time, the adoption of new legal frameworks requires time, while the development of artificial intelligence continues to advance and expand into new areas of application. The European Union stands out as a pioneer in the adoption of legislation regulating this field. The functioning of digital markets is governed by the Digital Markets Act (DMA) and the Digital Services Act (DSA), which represent an important first step in regulating modern business practices, although they do not directly address issues related to artificial intelligence and competition policy. More recently, the EU Artificial Intelligence Act has been adopted as the first comprehensive legal framework specifically addressing the application of artificial intelligence in contemporary economic practice. Regulatory authorities responsible for the formulation and implementation of competition policy are faced with the task of responding to these emerging challenges through the reform of existing regulatory approaches, the expansion of expertise, and the introduction of new tools and monitoring techniques, supported by enhanced international coordination.