Personalized Competition Law: The New Frontier of AI Market Governance

Abstract

<p>Artificial Intelligence technologies prompt several doctrinal shifts in competition law. For AI market governance, this means moving toward personalized enforcement. Rather than applying one-size-fits-all legal tests, regulators may need to tailor rules and liability standards by sector, by actor, or by the sophistication of algorithms in use. This approach requires greater transparency, context-sensitive oversight, and documentation of algorithmic logic to facilitate audits, especially in high-stakes fields like healthcare and insurance, where discriminatory outcomes carry heightened societal risk. Personalized enforcement acknowledges that not all AI applications pose the same risks, balancing innovation incentives with safeguards against exclusion and discrimination in highly dynamic, data-driven markets.<br></p>