Competition Bureau Canada Publishes Report on Artificial Intelligence (AI)
On January 27, 2025, the Competition Bureau published their report, Consultation on Artificial Intelligence and Competition: What We Heard. The Report was informed by the Bureau’s 2024 Discussion Paper and consultation efforts to advance public discourse and deepen understanding of how AI, AI-related markets, competition, and Canadian competition law may be impacted by the rapidly emerging technology.
Written By
Sonya Moore
Key Report Takeaways
The Report highlighted the following four key takeaways about AI:
- AI is evolving rapidly, with large amounts of research and product implementation occurring daily.
- Investment is key for AI technology to grow. However, there is a balancing act required between large incumbent firms and emerging start-ups.
- AI can lead to anti-competitive conduct that may require new or revised enforcement mechanisms.
- The Bureau is viewed as an active collaborator, with many future consultation and collaboration ideas offered by stakeholders.
Findings From Consultation Submissions
In consideration of the submissions received from the range of domestic and international stakeholders who participated in the consultation, feedback was categorized into the following three sections:
AI Market Dynamics
Firstly, this Report section raised the unique nature of AI compared to other digital markets due to its distinguished complexity, higher marginal costs, common partnerships, broad applicability, and wide range of users. As such, AI advancements introduce new market dynamics that can either promote or hinder competition. Key submission points include:
- Resource dependence:AI development relies heavily on resources such as computing power, data centers, and specialized chips. These resources are often controlled by major tech firms.
- Data control:The dominance of large incumbents in controlling data can create significant barriers to entry.
- Competitive dynamics:AI introduces new dynamics to competition, such as algorithmic pricing (algorithms are the core building blocks for AI), which can enhance or undermine competitive practices.
- Barriers to entry:The concentration of resources can create barriers for new players and influence the competitive landscape, although synthetic data and innovative training techniques may mitigate some of these barriers.
Secondly, the Report section identified that although the AI landscape has many startups, the industry is dominated by large firms. This extends to all three key layers of AI technology: the Deployment Layer, the Development Layer, and the Infrastructure Layer.
Thirdly, the barriers that new and smaller firms face when entering the AI market was outlined. This was approached through the three critical inputs for AI development: data, compute power, and human expertise. Many Discussion Paper respondents noted that there is a difficulty accessing critical inputs, particularly data and compute, which creates industry involvement barriers for new and smaller firms. While respondents did note that SMEs can leverage compute resources from other firms to save on up-front-costs, large firms still hold high control and market power over the input layers of the AI technology stack. Although these outlined difficulties are prominent, some submissions did provide a counterargument that the AI input market is SME friendly due to strong investments in the sector, an increasing availability of cloud and open-source computing, and promoted partnerships between large and small firms. Furthermore, regarding vertical integration and barriers to entry, suggested potential solutions to foster a more inclusive and competitive AI market were to safeguard access to data, develop public policy, and promote fair partnerships.
Finally, the section noted how AI can assist SMEs through “AI democratization”, which is a process that involves making AI more accessible to a wide range of users who can then leverage the technology to compete more effectively in a wide range of industries. This process would thus strengthen and enable SMEs to compete against larger companies and create a more diverse market. Identified avenues to achieve this process include financial access and efficiency, as well as financial and operational efficiency.
Enforcing Competition in the AI Market
The overarching message that the submissions received brought forth on enforcing competition in the AI market was that although the emerging technology brings significant opportunities, it also poses significant risks to consumers and competition. These risks include market dominance, monopolistic practices, algorithmic pricing, algorithmic collusion, hub-and-spoke conspiracies, unequipped Canadian anti-trust laws, and deceptive marketing through the use of deepfakes.
To counteract the risks pertaining to deceptive marketing, many submissions raised the role of legal frameworks and encouraged the Competition Bureau to take a vigorous approach to enforcing the Competition Act’s deceptive marketing provisions in relation to AI-generated or manipulated content and called for the creation of additional AI-specific measures.
Promoting Competition in the AI Market
To ensure that static regulations do not hinder innovation and growth, submissions emphasized that policymakers should adopt AI legislation that is tech-neutral, focused on social value and protection, and consistently evolving to match the dynamic AI sector.
The Competition Bureau was also encouraged to consider undertaking a market study to better understand the AI technology stack. Suggested study topics include:
- The partnership between small and large AI firms;
- The risk of stealth acquisitions;
- The use of AI in the payments industry; and
- A review of international regulations.
Lastly, it was recommended that Canada bolsters its collaboration with international counterparts to improve standardization and solidify its position as a global leader, as well as adopt a common definition of AI. Regarding the need for a harmonized definition, the Competition Bureau noted that the most likely scenario would be to adopt the definition within the draft Artificial Intelligence and Data Act – Canada (AIDA), which utilizes the following definition: “artificial intelligence system means a technological system that, autonomously or partly autonomously, processes data related to human activities through the use of a genetic algorithm, a neural network, machine learning or another technique in order to generate content or make decisions, recommendations or predictions. (système d’intelligence artificielle)”.
Conclusion
The Competition Bureau’s engagement process has advanced important insights into Canada’s AI market, including its technological evolution, industry perspectives, competition promotion, partnership contributions, and the need to continuously engage with industry regulators, the global community, and stakeholders to be best informed on the emerging competition issues related to AI.
About
Sonya
Sonya is a young professional who holds a Bachelor of Arts degree, with a major in Political Science and a minor in Law & Society from the University of British Columbia (UBC), and a Master of Arts degree from the University of Toronto (U of T) – Munk School of Global Affairs & Public Policy. During her time at school, Sonya had the opportunity to conduct various research projects for her department, including investigating Greece’s defence expenditures on behalf of the Munk School of Global Affairs & Public Policy – Centre for European, Russian, and Eurasian Studies.