Bibliographie sélective OHADA

Generative AI is transforming industries by providing sophisticated, automated responses to complex queries. Dominant firms are increasingly integrating across the generative AI value chain, controlling foundational models, compute infrastructure, and access to critical data, raising concerns about abuses of market power and barriers to entry and expansion for smaller competitors. Against this background, this paper examines whether existing EU competition rules, particularly Article 102 of the Treaty on the Functioning of the European Union (TFEU) and the European Merger Control Regulation, are sufficient to address anti-competitive conduct in generative AI markets. While these frameworks offer a robust foundation for scrutinising exclusionary practices and abuse of dominance, their effective application remains questionable, given the difficulty of defining relevant markets in fast-evolving AI ecosystems, addressing competition concerns promptly, and capturing mergers that fall below notification thresholds. Drawing lessons from digital platform regulation, the paper advocates a coordinated, multi-agency approach involving the European Commission, the European Data Protection Board, and the European AI Office, and a participatory regulatory framework engaging businesses, civil society, and other stakeholders to balance innovation, accountability, and fair competition.