Artificial intelligence adoption among businesses has accelerated significantly in recent years. According to a 2024 Eurostat survey, 41.17% of large EU enterprises used AI technologies in 2024, compared to 30.40% in 2023. The 2025 Stanford AI Index, which uses a broader definition of AI adoption, often including experimental applications and generative AI tools across all types of organisations globally, reports an even higher uptake. According to this survey, 78% of organisations worldwide used AI in 2024, compared to 55% in 2023.

Regionally, reported adoption rates in 2024 were 80% in Europe (57% in 2023), 82% in North America (61% in 2023), and 72% in Asia-Pacific (58% in 2023). The extent of AI use and the purposes for which enterprises adopted AI technologies varies across economic sectors.

The growing importance of AI within businesses has not gone unnoticed by the Dutch competition authority, the Authority for Consumers and Markets (ACM). As early as 2020, the ACM published a position paper on the supervision of algorithms.

In that paper, the ACM noted that algorithmic applications developed by market participants can undermine the proper functioning of markets. Algorithmic systems are of particular relevance to the ACM when they are used in activities that may distort competition. The ACM’s examples include algorithmic systems that set prices, influence supply and demand in the market, or give rise to price discrimination or collusive behaviour among market participants.

Competition authorities are increasingly scrutinising how AI is being integrated into commercial practices. For companies, this makes it essential to understand which applications may trigger concerns. The examples below highlight AI uses that authorities view as potentially anticompetitive, helping businesses identify risks early and implement appropriate compliance measures.

Possible examples of anticompetitive conduct through the use of AI

 

Considerations when using AI

Where infringements involving AI fall within the scope of the prohibition of anti-competitive agreements under Article 101 TFEU or the prohibition of abuse of a dominant position under Article 102 TFEU, the existing EU competition law framework applies. Accordingly, no separate AI-specific legislation is required to address such conduct, as the current provisions already encompass practices in which AI is employed to restrict competition or exploit market dominance.

The Digital Services Act (DSA) focuses on transparency and accountability for online platforms, requiring very large platforms to disclose how algorithms rank, recommend, and moderate content, and to assess risks linked to AI-driven systems. By curbing opaque practices and manipulative designs, it indirectly supports fair competition and complements the DMA. The DMA targets gatekeeper platforms (designated as such by the European Commission) by imposing obligations that prevent self-preferencing, ensure data portability, and maintain fair access for business users.

For further background, please refer to our earlier news update on the DSA.

The ACM has published guidelines on consumer protection and pricing. These include rules against misleading consumers through algorithms, explained in its Guidelines for the Protection of the Online Consumer. Companies should assess whether their online environment helps consumers make informed choices, not just at checkout, but also whether they would make the same choice without influence techniques.

The ACM also issued a guideline on how prices and comparisons should be shown.

Recently, the ACM started a market study on algorithm-driven pricing. The goal is to understand how dynamic and personalised pricing, based on data and algorithms, works in practice and what its effects are. For this study, the ACM is focusing on airline ticket prices.

In addition to the existing rules under competition law, the DSA/DMA and ACM guidance, the AI Act – which entered into force on 1 August 2024 – will have significant implications on the way AI is used by companies. The AI Act will be applicable in stages:

  • General provision and bans on prohibited practices apply as of 2 February 2025;
  • General-purpose AI rules including governance apply as of 2 August 2025;
  • Obligations for high-risk systems will apply as of 2 August 2027.

 For further background, please refer to our earlier news update on the Al Act.