Introduction
When a regulator publishes concerns about an industry, headlines tend to report that the regulator "found" a problem. Regulators choose their verbs with care, and the difference between "could" and "has" is the difference between a warning and a finding.
This reading takes one paragraph from the United Kingdom's competition regulator and reads it word by word to separate what the regulator observed from what it fears.
Locating the Passage
The document is AI Foundation Models: Update Paper, published on April 11, 2024 by the Competition and Markets Authority, the UK's competition regulator. It is 24 pages long and free on the GOV.UK website, listed in the References. "Foundation models" is the authority's term for large general-purpose AI models, which the paper shortens to "FMs."
The passage is paragraph 29, under the heading "We see three key risks for fair, open and effective competition." The paper numbers its paragraphs, and this reading cites them by number. Paragraphs 31 to 46 explain each risk in turn. All quotations are from this paper (Competition and Markets Authority 2024).
Paragraph 29 opens: "Based on our work to date, we see the following three key interlinked risks to fair, open and effective competition." Three numbered sentences follow.
Walking Through the Passage
Step 1: Read the first risk and identify the critical inputs
The first risk reads: "Firms that control critical inputs for developing FMs may restrict access to them to shield themselves from competition."
A critical input is something a product can't be made without. Paragraph 31 names three: "compute, data or expertise." Compute is the industry's word for computing power, meaning the specialized chips and data centers that models are trained and run on.
The same paragraph gives two motives a firm might have for restricting access. One is to stop others from building models that would compete with its own. The other is to protect its position in a neighboring market, such as search or office software, from rivals who would use AI to challenge it.
Paragraph 32 supplies the facts behind the concern. Some developers have formed partnerships with major cloud providers to secure computing power, and "only a handful of firms can rely on their own compute resources." The supply of AI chips "remains limited." Those are observations. The restriction of access is the feared consequence.
Step 2: Read the second risk and identify whose positions in which markets
The second risk reads: "Powerful incumbents could exploit their positions in consumer or business facing markets to distort choice in FM services and restrict competition in FM deployment."
An incumbent is a company that already holds a strong position. The positions in question aren't in AI. Paragraph 36 lists them: "mobile and other devices, search engines, or productivity software." These are markets where a few firms already serve most users.
The worry is about the route by which AI reaches you. Paragraph 37 gives examples of what the authority had seen: Microsoft putting its own models and those of its partner OpenAI into its office software, operating system, and search engine, and Google using its own model in search. The paragraph adds that such integration "can bring benefits – such as innovation and efficiencies."
The risk is that a firm controlling the route gives its own model, or its partner's, an advantage that has nothing to do with quality. Paragraph 38 lists the means: "pre-installation, technical bundling, accessibility, integration, and compatibility."
Step 3: Read the third risk and note the word "partnerships"
The third risk reads: "Partnerships involving key players could reinforce or extend existing positions of market power through the value chain."
The word is "partnerships," and it was chosen over "mergers." When one company buys another, competition regulators can review the purchase. A partnership, such as a large investment paired with a supply agreement, may achieve some of the same effects without a purchase. Paragraph 45 says so directly: "not all such partnerships and investments will fall within the scope of merger control rules and some may have been structured to seek to avoid them."
Paragraph 42 names the firms. The authority groups Google, Apple, Microsoft, Meta, and Amazon under an abbreviation and adds Nvidia, "the leading supplier of AI accelerator chips." Paragraph 43 gives the count: "We have identified an interconnected web of over 90 partnerships" involving those six.
Paragraph 44 then gives the other side. Such partnerships "may be an essential ingredient for the success of independent developers," and the authority understands "that they can potentially bring pro-competitive benefits."
Step 4: Mark the modal verbs
Go back to paragraph 29 and look at the verb in each sentence.
- Risk 1: firms "may restrict access."
- Risk 2: incumbents "could exploit their positions."
- Risk 3: partnerships "could reinforce or extend" market power.
"May" and "could" are modal verbs. They say that something is possible and stop short of saying that it happened. The lead-in sentence does the same work with the word "risks" and the phrase "based on our work to date."
The pattern continues in the explanatory paragraphs. Paragraph 31 says firms "could restrict access." Paragraph 39 says exclusive access "could entrench" positions. Paragraph 45 says the authority is "vigilant against the possibility" that incumbents "may try" to use partnerships to quash threats.
Step 5: Separate what the authority found from what it warns might happen
Now sort the paper's statements by their verbs.
Found, in the present or past tense:
- "We have identified" more than 90 partnerships (para. 43).
- "We have seen" incumbents rapidly integrating models into their existing products (para. 37).
- "We have seen" developers forming partnerships with cloud providers to get computing power, and chip supply "remains limited" (para. 32).
Warned of, with "may" or "could":
- that access to inputs will be restricted
- that consumer choice will be distorted
- that market power will be reinforced or extended
The paper contains no statement that any firm has restricted access, distorted choice, or broken competition law. In paragraphs 35 and 41 the authority says it is "yet to take any provisional decisions" on which areas to investigate.
Key Considerations
A competition authority's work often runs in this order: it maps a market, states risks, and only later, after an investigation with evidence and a right of reply, reaches findings. An update paper sits at the second stage.
The common mistake is to report a stated risk as a finding of wrongdoing, as in "UK regulator finds tech giants are stifling AI competition." The paper says no such thing. It says they could.
The opposite mistake is to treat "could" as meaning "nothing to see." The authority considered these risks serious enough to publish, and the facts it did establish, the partnerships and the integration, are the conditions under which the risks would arise.
The authority has a stake of its own. The paper refers to new legal powers then before Parliament, and a regulator describing risks is also making the case for having the tools to address them. The paper dates from April 2024, and the market and the authority's powers have changed since.
Summary
Paragraph 29 states three risks, each with a modal verb, resting on facts the authority did establish. For each risk, the table sets out what would have to happen for it to become real and what evidence would show that it had.
| Risk | What would have to happen | Evidence that it had happened |
|---|
| Control of critical inputs | A firm with computing power, data, or expertise denies them to rivals, or supplies them on worse terms | Rival developers unable to buy computing capacity at comparable prices; refusals or delays documented |
| Use of existing market positions | A firm uses its phone software, search engine, or office software to steer users to its own or its partner's model | Rival models blocked, hard to install, or made to work worse on that firm's products |
| Partnerships | An investor gains influence over a developer that weakens the developer as an independent competitor | Exclusive terms, control rights, or a developer dropping plans that would compete with its investor |
References
- Competition and Markets Authority. 2024. AI Foundation Models: Update Paper. London: CMA, April 11, 2024.