Key takeaway: From killer acquisitions to algorithmic pricing, the AI revolution is rewriting the rules of antitrust and competition law. Discover key insights from a recent webinar co-hosted by CCBJ and Epiq with substantive and practical guidance from leading legal and technology experts on navigating regulatory scrutiny and deploying AI responsibly.

How Global Regulators Are Responding to the AI Surge

AI is no longer a futuristic concept; it’s a present-day reality. Emerging tools provide a transformative force that is reshaping industries, markets, and regulatory frameworks worldwide. Businesses are working diligently to ensure fair competition, protect consumer rights, and safeguard national security while driving efficiency through automation.

In a recent webinar co-hosted by Corporate Counsel Business Journal (CCBJ) and Epiq, a panel of leading international legal and technology professionals shared their perspectives on the evolving regulatory landscape, statutory developments, and practical strategies for companies deploying AI.

The session featured the following panelists:

• Ellen Blanchard, Senior Counsel, Norton Rose Fulbright
• Zeno Frediani, Counsel, Antitrust and Competition Group, Arnold & Porter
• Kate McNeece, Counsel, Competition and Foreign Investments Group, Goodmans
• Brett Beeman, Senior Director, Advanced Technologies Group and Antitrust, Epiq
• Jason Butler, Senior Director, Global Investigations Practice Group, Epiq [Moderator]

As Jason noted, “Technology companies are racing to build the best models and AI architecture, while regulators are racing to ensure these developments don’t undermine competition or consumer rights.”

Why AI Deals Are Under the Regulatory Microscope

The influx of AI adoption introduces new challenges for traditional oversight mechanisms. Regulators are concerned about:

• Killer acquisitions and “acqui-hires” that eliminate emerging competitors before they can scale.
• Joint ventures and partnerships that bypass existing merger review thresholds.
• Control over essential inputs (e.g., computing power, proprietary data, and technical talent) that could create barriers to entry and entrench market dominance.

Global Regulatory Trends

United States
Federal agencies are signaling increased scrutiny of AI mergers and partnerships. Oversight responsibilities are split between the Department of Justice (DOJ) and the Federal Trade Commission (FTC). At the state level, AI provisions are being incorporated into consumer protection laws. Additionally, organizations such as the American Bar Association (ABA) have issued guidance on the ethical use of AI.

European Union
The EU Artificial Intelligence Act introduces transparency and documentation requirements for high-risk AI systems. These provisions complement the Digital Markets Act (DMA), which targets gatekeepers in the digital economy. Regulators are also exploring value-based thresholds to capture deals that fall below traditional reporting requirements. To strengthen digital enforcement capabilities, the European Commission recently appointed Professor Yves-Alexandre de Montjoye as Chief Technology Officer within the Directorate-General for Competition.

United Kingdom
The Digital Markets, Competition, and Consumers (DMCC) Act empowers the Competition and Markets Authority (CMA) to regulate AI markets and impose conduct rules on firms with Strategic Market Status. The CMA is actively investigating partnerships and minority investments in the AI sector, even when those deals fall below conventional thresholds.

Canada
The Competition Bureau Canada is developing its approach to AI transactions with a focus on dynamic competition and multi-sided markets. New enforcement guidelines allow for a three-year lookback on non-reportable transactions and introduce anti-avoidance provisions to strengthen oversight.

AI Is Transforming Investigations and Discovery Workflows

Regulators are not only scrutinizing AI deals; they’re also examining how AI is used in investigations and discovery.

Technology providers report growing adoption of AI for internal reviews, using natural language queries to quickly surface relevant documents. However, defensibility remains key. Companies must validate AI workflows against established standards to ensure reliability, confidence, and compliance.

Actionable AI Compliance Strategies for Legal Teams

During the session, panelists offered practical guidance for companies integrating AI into their operations:

Governance and Policy
Organizations should develop clear, enterprise-level AI policies to guide responsible use across teams and functions. Disclaimers and disclosures must be embedded in all AI work to ensure transparency and manage risk. Just as important, human oversight should be maintained for every AI output to validate accuracy and uphold accountability.

Risk Management
To safeguard AI systems and ensure compliance, organizations should restrict the inputs of training data and implement strategic security controls. Supplier agreements should include contractual protections that address data use, liability, and oversight. Additionally, companies must audit and log AI usage to support defensibility and meet evolving regulatory expectations.

Transaction Planning and Discovery Implications
During deal negotiations, companies should assess potential antitrust and national security risks early to avoid delays and regulatory challenges. It is essential to monitor evolving regulatory frameworks across jurisdictions, as AI enforcement continues to expand. Finally, organizations must prepare for discoverability. AI content and prompts may be subject to review, requiring visibility of your entire data estate to ensure proper documentation and defensibility.

Technology Vetting
Before deploying AI tools, organizations should clearly identify the goals of their review to ensure alignment with business and legal objectives. Tools must be validated against quality and cost benchmarks to confirm they deliver reliable and efficient results. To maintain defensibility, teams should also plan quality control measures that verify outputs and support compliance with internal standards and external regulations.

Proactive Governance Is Your Competitive Edge

AI presents numerous opportunities, but also significant regulatory and compliance challenges. Businesses must stay ahead by engaging early with regulators, building strategic governance frameworks, and monitoring global statutory developments. The increasingly layered and complex regulatory landscape requires proactive planning for any organization aiming to harness the full benefits of AI adoption.

Learn more about Epiq Antitrust and Competition solutions.

Jason Butler, Senior Director, Global Investigations Practice Group
Jason Butler has direct oversight over all Epiq document review work for antitrust and global investigation matters. He oversees a team of 20 professionals who work exclusively on these cases.

Brett Beeman, Senior Advanced Technologies Consultant, Antitrust and Second Requests
Brett has over a decade of experience in project management and technology consulting, working with the largest discovery projects at Epiq, including several Second Requests. Brett has developed numerous custom solutions to solve unique client problems and is a go-to for both colleagues and clients for subject matter expertise.