Source: Cleary Gottlieb

Cleary Gottlieb analyzes a significant development in European competition policy as the Digital Markets Act (DMA) High-Level Group has officially endorsed a joint paper focused on the regulation of artificial intelligence. This group, which includes representatives from the European Commission and national competition authorities, aims to ensure that the rapid growth of generative AI does not lead to a "re-monopolization" of the digital economy by existing tech gatekeepers. The joint paper argues that the core obligations of the DMA—such as data portability, interoperability, and the prohibition of self-preferencing—must be interpreted broadly to cover the integration of AI models into dominant platforms and operating systems.

The endorsement signals a shift toward proactive enforcement, where regulators will monitor whether large platforms are using their control over data and computing infrastructure to disadvantage smaller AI developers. Key recommendations include the creation of standardized APIs for AI interoperability and stricter oversight of vertical mergers between cloud providers and frontier model developers. By aligning the enforcement of the DMA with the safety-focused AI Act, the High-Level Group seeks to create a holistic regulatory environment that fosters both technological safety and market fairness. This collaborative approach is intended to provide a predictable roadmap for developers while ensuring that the European AI market remains open, competitive, and accessible to a diverse range of innovators and startups.