Inteligência artificial e direito da concorrência: transformações e práticas anticompetitivas

Abstract

The use of artificial intelligence tools and systems has become increasingly common and accessible, bringing significant advances across various fields. However, this growth also raises concerns about its influence on market competition. AI tools can be used both by human agents to facilitate anticompetitive practices—such as automatic price adjustments and abuse of dominant position—and autonomously by systems that, without direct human intervention, make decisions that can negatively affect free competition, making the enforcement of traditional antitrust laws more difficult. Authors such as Ariel Ezrachi and Maurice Stucke identify four main ways in which artificial intelligence can be used in anticompetitive practices, ranging from algorithms used solely to operationalize illicit agreements to autonomous systems capable of collusion without any human intervention. In light of this, there is a need to update regulatory frameworks, as traditional concepts such as “agreement” and “intent” become insufficient in an automated and highly technical environment. In the Brazilian legal system, liability for violations of economic order, as established by Law #12,529/2011, requires the involvement of a human agent with intent directed toward committing the act. Therefore, to the extent that AI systems operate autonomously, without necessarily involving such human intent, there is, at least in theory, a gap in legal guidelines. In this context, this paper advocates for the adoption of new regulatory rules