Dulani, Warr Examine Antitrust Risks Caused by AI Use in Bloomberg Law Column

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Stinson LLP Partners Jeetander Dulani and Nicci Warr authored a column for Bloomberg Law, "Avoid Antitrust Problems With Some Research Into AI Solutions," analyzing rising antitrust risks associated with artificial intelligence (AI) and pricing algorithms and exploring how the Department of Justice (DOJ) and Federal Trade Commission (FTC) are enforcing potential price-fixing and collusion facilitated by AI.

The attorneys say that AI and related tools can make companies more competitive, but the use of these technologies can amplify antitrust risk. They provide actionable steps companies can take to mitigate their antitrust risks:

  • Fully understand what these tools do.
  • Document the procompetitive benefits.
  • Determine whether the company can be indemnified.

"Companies can best protect themselves by asking hard questions upfront, taking the time to document the competitive benefits of the activity, and ensuring that the costs of responding to any government inquiry or private litigation is indemnified," the attorneys state.

Dulani's practice includes competition disputes, class actions, mergers and acquisitions, government investigations and other complex litigation. He represents clients before the DOJ and FTC in merger and conduct investigations, as well as False Claims Act-related litigation, and advises on antitrust risk and compliance and on vertical business arrangements.

Warr's experience working on complex litigation and counseling matters spanning antitrust, consumer protection laws and intellectual property issues gives her a unique perspective that helps her find effective and efficient solutions for her clients. Much of Warr’s work focuses on new and emerging technologies and matters involving the intersection of intellectual property and antitrust law.

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