Can We Curb AI Market Power Before It Happens?

The European Union has taken strides in this direction with its DMA

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Welcome to this week's edition of The Legal Wire!

We’re dedicated to keeping you informed on the latest in AI regulations, legal tech developments, and expert insights to help you navigate the evolving landscape of artificial intelligence in the legal profession.

This week’s Highlights:

  • Article spotlight | Can We Curb AI Market Power Before It Happens?

  • Headlines | From Around the Web You Shouldn't Miss

  • Next Big Thing | The Revolutionary New Cross-Border Legal Research Tool

  • AI Tools | Supercharge your producivity

  • ChatGPT | Legal prompt of the week

Written by: Nicola Taljaard

Compliance and regulations

Can We Curb AI Market Power Before It Happens?

Artificial intelligence, is rapidly reshaping industries across the globe. With its growing influence, many jurisdictions are faced with the question of how best to regulate this transformative technology. Can we afford to wait until issues arise, or is it time to implement regulatory safeguards that prevent potential harm before it materializes? The concept of ex ante regulation—regulation that is put in place proactively rather than reactively—offers a compelling solution. The regulation of digital markets is a prime example, from which many lessons can already be learnt, and it becomes increasingly clear that a similar approach may be necessary to address the unique challenges posed by AI.

The European Union has taken strides in this direction with its Digital Markets Act (DMA), which is aimed at curbing anti-competitive behavior among large online platforms. The reasoning seems rather straightforward: rather than waiting for these platforms to dominate markets and stifle competition, the DMA imposes upfront obligations to ensure fair competition from the outset. But could this approach be effectively translated into AI markets? 

Headlines from Around the Web You Shouldn't Miss

🔍 Nations Unite for AI Regulation: Council of Europe Treaty Opens for Signatures (The Legal Wire)

🔍 YouTube is developing AI detection tools for music and faces, plus creator controls for AI training (TechCrunch)

🔍 Former Microsoft CEO Bill Gates Talks Artificial Intelligence and His New Netflix Docuseries (YouTube)

🔍 UK regulator greenlights Microsoft’s Inflection acquihire, but also designates it a merger (TechCrunch)

🔍 Startup accuses Nvidia and Microsoft of infringing on patents and forming a cartel (The Verge)

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Legal Technology

Moonlit.ai: The Revolutionary New Cross-Border Legal Research Tool

In a significant move towards transforming the way legal research is conducted in Europe, Moonlit.ai has spun out from Deloitte and secured investment from Curiosity VC. With a strong foundation in AI, data science, and law, Moonlit.ai is now poised to expand its innovative platform, which promises to make legal research across Europe more accessible, efficient, and insightful.

The Creation and Function of Moonlit.ai

Moonlit.ai’s story started at Deloitte, where the platform was initially developed as an internal tool to streamline legal research. Spearheaded by co-founders Roderick Lucas, an AI and data science aficionado with years of experience at Deloitte NL and academic roles at leading Dutch universities, and Dirk-Jan van den Broek, a seasoned lawyer with over two decades of experience, and founder of ClaimShare, Moonlit.ai quickly outgrew its original purpose.

The transition from an internal tool to a standalone company marks a pivotal moment for Moonlit.ai. With the backing of Curiosity VC, Moonlit.ai is set to revolutionize how legal professionals navigate the complex and varied legal systems across EU member states. Dirk-Jan van den Broek succinctly captured the platform’s mission, stating: “In an increasingly interconnected Europe, where legal precedents from one country can significantly influence decisions in another, this tool is indispensable.” What’s more, Moonlit.ai is not only useful for European lawyers, but lawyers across the globe.  For example, in the context of South African competition law, anyone interpreting or applying the Competition Act 89 of 1998 (as amended) may consider appropriate foreign and international law. In practice, South African competition lawyers often turn to European precedent when additional precedent is sought, or when the South African competition authorities have not pronounced on a particular question of law. With the establishment of Moonlit.ai, the previously tedious and time-consuming exercise of understanding European case reporting and, thereafter, deciphering the actual cases, is much easier.

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The weekly ChatGPT prompt that will boost your productivity

This prompt helps lawyers stay on top of the ever-evolving GDPR landscape, offering practical insights for managing data privacy issues in multi-jurisdictional settings. Perfect for ensuring seamless compliance and minimizing legal risks.:

Prompt: As a data privacy specialist, provide a comprehensive overview of the key GDPR compliance requirements across multiple EU jurisdictions. Highlight any local variations in implementation and enforcement, and offer strategic advice on how to ensure compliance for cross-border data handling. Identify potential risks and suggest best practices for minimizing exposure to fines or penalties.

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