Federal Trade Commission

Federal Trade Commission (FTC) held a public event for creative professionals entitled, “Creative Economy and Generative AI.” The purpose of this report is to summarize the information provided to the FTC in that roundtable. Some of the issues surfaced at the event implicate the FTC’s enforcement and policy authority, though some certainly go beyond or outside the FTC’s jurisdiction. This report begins by briefly summarizing the technological developments in AI and generative AI that make this roundtable and report timely. Next, it explains the FTC’s jurisdictional interest in AI.

These Merger Guidelines identify the procedures and enforcement practices the Department of Justice and the Federal Trade Commission most often use to investigate whether mergers violate the antitrust laws. The Merger Guidelines set forth several different analytical frameworks to assist the Agencies in assessing whether a merger presents sufficient risk to warrant an enforcement action.

In a comment submitted to the US Copyright Office, the Federal Trade Commission identified several issues raised by the development and deployment of Artificial Intelligence (AI) that implicate competition and consumer protection policy, noting the FTC’s role in monitoring the impact of generative AI and vigorously enforcing the law as appropriate to protect competition and consumers. The comment explains that the FTC has an interest in copyright-related issues beyond questions about the scope of rights and the extent of liability under the copyright laws.