In an interview with Decoder, Jonathan Kanter, the former head of the U.S. Department of Justice (DOJ) Antitrust Division, addressed the growing debate over AI regulation and whether leading AI labs are seeking "regulatory capture" through calls for antitrust exemptions.
Ex-DOJ Antitrust Chief Challenges AI Companies' Calls for Regulatory Exemptions
Kanter noted that while major AI companies like OpenAI, Anthropic, and Google DeepMind are calling for a slowdown in development to ensure safety, this movement raises concerns about whether these firms are attempting to form a cartel to protect their market positions. He suggested that the desire for regulation might be a "prisoner's dilemma" where companies, fearing uncoordinated competition, seek government intervention to enforce a shared framework.
However, Kanter argued against granting antitrust exemptions to facilitate this coordination. He emphasized that companies have a fundamental responsibility to build safe and secure products, much like the aviation industry, where Boeing and Airbus do not need to slow down innovation to ensure airplane doors do not fall off. Instead, he advocated for a framework based on product liability, where companies are held legally accountable if their AI agents cause harm or engage in illegal activities.
Kanter also touched upon the geopolitical implications of AI, dismissing the idea that the U.S. needs to tolerate domestic monopolies to compete with China. He argued that the most effective way to maintain leadership is to promote aggressive, dynamic competition within the United States, ensuring that innovation occurs within clear safety and security boundaries.
Sources
- Does AI need an antitrust exemption so it doesn’t kill everyone???? （The Verge AI, 2026-09-19）