After a Year of Maneuvering, FTC Primed for Aggressive Action on Artificial Intelligence

In 2023, the Federal Trade Commission (FTC) continually emphasized the anticompetitive risks associated with Artificial Intelligence (AI). Emphasizing a desire to avoid what the FTC saw as underenforcement in the early Internet era, the agency spent 2023 issuing warning calls and lining up investigative tools to increase its antitrust enforcement activity. All signs point to 2024 as a year of more AI enforcement actions and enhanced scrutiny in the AI space. This Legal Backgrounder focuses on an analysis of the Biden Administration and the FTC’s statements regarding AI antitrust enforcement to predict where companies and practitioners can expect the FTC to focus its enforcement efforts in 2024.