Antitrust Authorities Rethink Coordination for the Digital Age

The digital revolution transformed how companies understand markets. Over decades, businesses adopted analytic tools that collect vast troves of data and deploy sophisticated algorithms to decode customer behavior and competitive dynamics. Artificial intelligence (AI) now extends that capability, executing business decisions with efficiency beyond human reach. The benefits, so far, are considerable.

But as dominant approaches and providers emerged, companies came to rely on the same platforms, shared datasets, and similar algorithmic counsel. Some antitrust authorities worry that this convergence can effectively result in coordination, even when it isn’t intended. The rise of “agentic” AI — systems capable of transacting or negotiating with minimal human input — pushes the question further, creating a new frontier for laws written to govern human conduct.

Traditional competition law hinges on intention, and authorities historically focused on human conspirators who strike explicit deals. Now regulators are fashioning novel theories that emphasize the effects — enabling them to pursue outcomes that appear coordinated even without evidence of human intent.

In this new environment, authorities may now view standard business tools — especially those used in revenue or cost optimization — as coordination infrastructures. AI is part of the story, but enforcement attention spans the entire spectrum from basic data sharing to advanced algorithmic coordination.

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