Former DOJ Antitrust Chief Jonathan Kanter Weighs In on AI Safety and the Antitrust Exemption Debate

A high-stakes argument is unfolding across the artificial intelligence industry: should leading AI companies be allowed to coordinate on safety efforts without triggering antitrust laws? The question took center stage on a recent episode of Decoder, which featured Jonathan Kanter, who led the U.S. Department of Justice’s Antitrust Division under the Biden administration and now teaches law at Washington University in St. Louis and technology policy at Carnegie Mellon.

The debate has intensified as prominent researchers at major AI labs, including Anthropic and Google DeepMind, have publicly departed their roles, warning that frontier models could pose serious risks and that safety is not receiving adequate priority across the industry. Some researchers have estimated the existential risk from advanced AI at greater than 10 percent, and several AI chief executives have called for slower development paired with new regulation — including exemptions from antitrust enforcement that would let competitors coordinate on safety measures.

Those proposals have drawn sharp criticism. Skeptics accuse the companies of pursuing regulatory capture, forming a cartel, and seeking relief from investor pressures ahead of anticipated public listings.

Kanter brings a notable track record to the discussion. During his tenure, the Justice Department pursued landmark antitrust cases against Google, Apple, and Ticketmaster, part of a broader overhaul of American competition policy carried out alongside then-FTC Chair Lina Khan. Kanter noted on the program that the cases against Google and Ticketmaster ended in wins for the government, while the Apple litigation remains active under the current administration — an outcome few observers anticipated.

The AI policy fight has produced unusual political alignments. David Sacks, a self-described libertarian who served as the Trump administration’s AI czar, has publicly amplified Khan’s view that no antitrust exemption is needed, underscoring how the issue cuts across conventional ideological lines.

Kanter and the program’s host examined how prospective AI regulation could interact with existing antitrust law, competition policy, and the broader strategic competition with China — factors that complicate any effort to let rival labs work together on model safety without raising collusion concerns.

The episode is the first installment of a two-part series on the future of business. Broader market reaction among major technology names was muted on the day, with Apple flat at $336.13 and fintech firm Block up 0.17% at $77.03.

What to watch

• The second installment of the Decoder series on the future of business.
• Legislative developments on any proposed antitrust exemptions for AI safety coordination.
• Continued proceedings in the DOJ’s antitrust case against Apple.
• Further statements from AI lab executives and policymakers on safety regulation and coordination.

Source: original release