Kadambari Prasad

Generative AI (Gen AI) models rely on vast amounts of original content for training, raising fundamental questions about licensing and intellectual property rights. In this article, Jorge Padilla and Kadambari Prasad [1] draw on their experience analysing licensing disputes across industries to break down the debate into distinct questions that parties and policy makers must address.

Introduction Regulators and lawmakers have expressed concerns that large digital platforms could distort competition by pursuing strategies that favour their own downstream products or services over those of third parties that operate on their platforms. These practices are commonly referred to as ‘self-preferencing’. Regulators’ concern is that downstream competition requires a ‘level playing field’, but platforms may not provide one when they can play both ‘umpire and player’.

The concept of Fair and Reasonable (FR) pricing can be interpreted in different ways. This implies that the approach to calculating FR prices depends on the legal and regulatory context. In this article, Ciara Kalmus, Kadambari Prasad and Tanja Salem (Director of Economics at BT) 1 provide an overview of how FR pricing has been assessed and applied in standard essential patents, EU and UK telecoms regulation and emerging digital markets regulation.