Big techy. Dylematy regulacji i konkurencji w badaniach i rozwoju AI

Objective: The article aims to examine the market power relations in artificial intelligence (AI) research and development, particularly the impact of AI basic models on the market power of big techs and platformization in the digital economy, regulation and competition. Methodology: The research methods used are interdisciplinary literature studies (economics, law, management), regulation and case law, economic analysis of the law and regulatory impact assessment. Results: Bigtechs use their collective monopoly on computing power, data, technical knowledge and infrastructure to gain an advantage in the R&D of basic AI models. Smaller companies, which do not have access to these limited resources, enter into vertical relationships – alliances or mergers (upstream-downstream). There is a certain counterbalance to the market power of big techs from open-source models, which can be developed and supplemented by the community. Competition law, supplemented by new pro-competitive regulations (DMA and DSA), has a major role to play in the fight against market concentration of basic AI models. Research limitations/implications: The theoretical and practical implications of the topic may contribute to explaining the economic and legal characteristics of the impact of AI on the market position of big techs. A significant limitation of the research to date is the lack of clarity of the law and the scarce, initial case law, which will only develop based on the recent regulation of artificial intelligence, particularly AI basic models, which give rise to systemic risk. Originality/value: The research gap concerns the impact of research and development of basic AI models on the competitive position and market power of big techs, vertical connections and platformization in the digital economy. This requires a new perspective, reinterpretation of the instruments of competition policy and law, and synthesis of certain features of monopolies and oligopolies in the process of platformization of big techs.