Extraterritoriality in AI: Harmonizing the Digital Market Act and US Antitrust Law

By: Daniel Goicouria

PDF: Extraterritoriality in AI

International AI markets currently operate under divergent and often conflicting competition laws. This splintered approach fosters uncertainty, invites regulatory failure, and risks entrenching dominant firms at the expense of emerging innovators. This Note proposes harmonized enforcement mechanisms to safeguard fair competition and minimize extraterritorial effects on global AI platforms. Recent academic discourse has discussed the domestic effects of ex ante regulations in AI markets, but international harmonization and extraterritoriality remain largely undiscussed.

This Note proposes treaty-based coordination and uniform enforcement guidelines to ensure consistent international oversight. It synthesizes comparative insights from differing competition frameworks to identify best practices and encourage cross-border cooperation. In effect, this analysis closes jurisdictional gaps and mitigates risks of fragmented enforcement in rapidly expanding AI markets. The Note offers an actionable roadmap to unify competition laws globally, protect consumers, and foster continuing innovation.