The AdC has published a short paper monitoring recent developments regarding access to and use of data in generative AI from a competition perspective.
The short paper highlights the shift from publicly available data to proprietary data in the generative AI sector. In particular, data licensing agreements seem to have become more prevalent.
The AdC warns that competition risks arise if data agreements include exclusivities. These can be especially harmful to competition and possibly an anticompetitive practice.
The AdC also notes that synthetic data and data pre-processing seem to be playing an increasingly important role in the development of generative AI, and their impact on competition.
To mitigate risks to competition regarding access to and use of data in generative AI, it is key to streamline access to data for developers to ensure a level playing field (e.g., by serving data through open APIs, pay-as-you-go pricing structures or making public datasets easily available). Knowledge transmission channels, such as open-source models, may also mitigate scale effects generated by experimentation.