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Kanter: no antitrust exemption needed for AI safety

Kanter: no antitrust exemption needed for AI safety

3 Key Points

  1. What happened

    Jonathan Kanter, the former DOJ antitrust chief under Biden, said the big AI labs — including Anthropic and Google DeepMind — don't need an antitrust exemption to build safe products.

  2. Why it matters

    He argues their request could be a route to a cartel, letting cash-hemorrhaging firms slow the pace of innovation before going public without competing as hard.

  3. What to watch

    He says existing antitrust law already permits legitimate safety collaboration, such as a clearinghouse for sharing threat data, so the fight hinges on whether Congress clarifies liability.

WHO IT HITSPolicy teams at frontier AI labs and their IPO advisors should note that the argument for coordinating on safety is being framed as a possible cartel, which could raise antitrust scrutiny of any joint safety commitments.

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Context & Analysis

Kanter's argument lands in the middle of a widening debate about who controls the rules for frontier AI. He describes the industry's own safety push as ranging from a generous fear of driving with no lines on the road to a more cynical desire to pause spending and protect IPO valuations. In his telling, neither reading justifies an antitrust exemption. The friendly, existing path for cooperation is narrower: a repository where companies can share information about threats and malicious bots, which he says other industries already do without violating competition law.

His comments also highlight an unusual political alignment. He notes that David Sacks, a former Trump AI czar, has approvingly retweeted Lina Khan's view that existing antitrust law is sufficient, while figures from opposing camps have shared stages to call for a halt to AI development. Kanter traces part of this to the 15–20 years of hands-off treatment that began with Section 230 and lasted across administrations, which he says eroded public trust in tech companies.

Looking ahead, he places the immediate burden for clear liability rules on Congress, which he describes as unable to act, leaving product liability and state-level rules to fill the gap. The Meta child-safety case, which took a decade and ended in a settlement, is his example of how slow that backstop can be. For the AI labs, the practical test is whether they can show that coordination on safety stays within existing law, or whether their requests are read as an attempt to soften competition ahead of public listings.

FAQ
What exactly are the AI companies asking for?
According to the interview, the CEOs have called to slow down development, develop regulation, and specifically asked for antitrust exemptions so they can coordinate on safety issues.
What does Kanter say about the China argument for looser rules?
He calls it largely a convenient boogeyman, comparing it to AT&T's failed argument against its breakup and saying China is not doing what the US is doing.
Is there a legitimate way for AI firms to work together on safety?
Yes. Kanter says a clearinghouse to share threats or malicious bots is legitimate collaboration, and the antitrust laws don't prohibit that kind of work.

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