Eyes on AI: Looking Ahead to Potential AI Antitrust Enforcement in the Trump Administration
As headlines about artificial intelligence dominate discussions in various sectors, there is growing concern among clients and practitioners about the implications of AI on antitrust risk. In the realm of private antitrust litigation in the United States, the answer is affirmative, as numerous class action lawsuits challenge the use of AI in pricing strategies.
Antitrust Regulation in the AI Space under the Biden Administration
The Biden Administration set a precedent for antitrust regulation in AI that the Trump Administration is now reshaping. Two significant executive orders from Biden highlighted the dual nature of AI: the potential for responsible use to drive progress and irresponsible use that could exacerbate issues like fraud and discrimination.
The October 2023 Executive Order aimed to ensure the safe development and use of AI, establishing eight guiding principles for federal agencies, including new reporting requirements for AI models and enhanced protections against AI-related IP risks.
Another crucial directive, issued in January 2025, focused on domestic AI infrastructure, urging coordination among federal agencies to prevent adversaries from exploiting AI systems detrimental to national security.
January 2025 FTC Report
The FTC’s Office of Technology published a report analyzing AI partnerships, particularly between major cloud service providers (CSPs) and AI developers. The report emphasized the implications of such partnerships, including possible limitations on access to essential resources and increased costs for AI developers.
Antitrust Regulation of AI in the Trump Administration
Upon taking office, President Trump revoked Biden’s October 2023 Executive Order and introduced his own, focusing on removing barriers to enhance America’s global AI dominance. The January 23 Executive Order emphasized a policy to develop AI systems free from ideological bias.
In July 2025, the Trump Administration unveiled the “Winning the Race: America’s AI Action Plan”, framing AI development as a new “space race” crucial for national security and economic competitiveness. This plan includes a review of all FTC investigations initiated under the previous administration to ensure they do not hinder AI innovation.
Viewpoint Discrimination: An Emerging Area of Interest
One notable focus for antitrust enforcement under Trump is viewpoint discrimination. For example, the DOJ Antitrust Division filed a statement in a case where online publishers alleged deplatforming for sharing non-mainstream viewpoints. This move signals a commitment to preserving diverse perspectives in the marketplace.
The administration’s stance suggests that AI markets will be scrutinized for potential content-based limitations, ensuring that innovation and competition flourish while protecting against monopolistic practices.
Conclusion
As the midterm and presidential elections approach, the role of AI in antitrust enforcement is likely to become a significant battleground. While the Trump Administration has rolled back many Biden-era regulations, it retains the framework to utilize antitrust tools, indicating a dual focus on promoting innovation while monitoring competitive practices in the evolving AI landscape.
