ProMarket - ProMarket

Anticompetitive Acquiescence in AI Content Licensing

Mark A. Lemley and Jacob Noti-Victor

Large AI firms like OpenAI and Amazon are licensing content to train their models that they might otherwise have been able to access for free under the fair use doctrine. Mark A. Lemley and Jacob Noti-Victor write that this behavior may constitute anticompetitive acquiescence—where large firms agree to license content they don’t have to in order to raise rivals’ costs.

Announcements

October 15: Making Markets Work for People: Digital Platform Regulation with Fiona Scott Morton

Does the Case of Apple’s App Store Indicate It’s Time for an American Digital Markets Act?

Nick Jacobson

Brazil’s Calibrated Revolution in Digital Competition

Victor Oliveira Fernandes

Novo Nordisk’s Killer Non-Acquisition Merger Contract Proposal Is a Case of “Heads I Win, Tails You Lose”

Steven Salop

Why Have We Failed To Limit the Corruption of Global Capital?

Richard Messick

How Google Revenue-Sharing Payments Contribute to Apple’s Monopoly Power

Steven Salop

Call for 2026 Applications: The Stigler Center Affiliate Fellowship

ProMarket writers

Brazil’s Fair Digital Competition Bill Offers an Alternative to Regulating Big Tech

Beatriz Kira

Whither Pro-Competitive Industrial Policy?

Laura Phillips-Sawyer

The New Geoeconomics of Hard Power Requires New Tools. Will Europe Update?

Cristina Caffarra

How the Pursuit of Bigness, Geopolitical Hegemony, and Crony Capitalism Are Threatening Antitrust’s Rule of Law

Eleanor Fox and Harry First