Decoding the Drivers Shaping Law, Tech and Policy
Mexico’s sweeping June 30th reforms to its Federal Economic Competition Law have ushered in a new era of antitrust enforcement, creating the powerful Comisión Nacional Antimonopolio (CNA) to challenge Big Tech’s dominance through stricter merger reviews, expanded data access powers, and significantly higher financial penalties.
Recent U.S. court wins for Meta and Anthropic strengthen fair use defenses in AI training, but deepen global copyright tensions. While enabling U.S. firms to accelerate innovation, the rulings raise legal, ethical, and diplomatic risks abroad—fueling debates over data rights, licensing models, and the future of generative AI regulation.
AI is transforming negotiation from human art to algorithmic strategy, amplifying efficiency and asymmetry. Professor Eidenmüller argues that without regulatory intervention—such as public AI tools and data access mandates—automated dealmaking could entrench corporate dominance, erode fairness, and shift legal skills toward algorithmic fluency over traditional persuasion.
The landscape for GenAI and copyright is rapidly evolving—and remains fraught with uncertainty for anyone using machine-generated content. While GenAI tools offer key advantages they introduce two core legal risks: lack of copyright protection for AI-generated outputs, and potential infringement tied to training data.
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