Competition Corner

With advancements in artificial intelligence, the use of algorithmic software has increased across a variety of industries. So too has scrutiny by antitrust agencies, private plaintiffs, and state and local governments across the country.

Chair Lina Khan of the Federal Trade Commission (FTC) recently addressed the FTC’s first Technology Summit on Artificial Intelligence. In her opening remarks, she expressed excitement about the event, highlighting the diverse expertise of the panelists and commending the efforts of the Office of Technology.

On April 14, 2023, the Supreme Court issued a unanimous decision in Axon Enterprise, Inc. v. Federal Trade Commission holding that federal district courts have jurisdiction to hear constitutional challenges to the Federal Trade Commission and Securities and Exchange Commission’s administrative proceedings in the first instance. The Court’s decision will provide parties accused of wrongful conduct by independent agencies with new avenues to more quickly raise constitutional challenges to enforcement actions.