Under the leadership of Chair Lina Khan, the Federal Trade Commission (“FTC”) has taken an “aggressive” approach on challenging monopolies, especially in the healthcare industry. (Caitlin McCabe et al., WSJ). Echoing the FTC's recent approach to antitrust enforcement, the agency launched a civil suit on September 21, 2023, against U.S. Anesthesia Partners, Inc. (“USAP”) and private equity (“PE”) firm Welsh, Carson, Anderson & Stowe (“Welsh Carson”). (Megan McArdle, Washington Post; FTC). The FTC alleges that USAP and Welsh Carson engaged in an “anticompetitive scheme to consolidate anesthesiology practices in Texas.” Id. This lawsuit has ignited a firestorm of controversy, raising questions about fair competition and the future of the healthcare industry.

From generating basic JavaScript code to creating a 7-day European trip itinerary, ChatGPT and other artificial intelligence (“AI”) programs are a one-stop shop for many internet users. Businesses from a wide array of industries have tapped into the countless uses of AI, revolutionizing the workforce as we know it. (Serenity Gibbons et al., Forbes). Within two months of ChatGPT’s November 2022 launch, it became the “fastest-growing consumer application in history.” (Krystal Hu, Reuters). The impressive growth of AI has fueled concerns over this ever-changing technology – including data privacy and the spread of misinformation.  (David Grier, IEEE Computer Society). In response to these concerns, the Federal Trade Commission (“FTC”) is investigating OpenAI, the maker of ChatGPT, as to whether OpenAI violates consumer protection laws. (Cat Zakrzewski, Washington Post). The FTC investigation highlights the need for effective AI regulation and has sparked a nationwide discussion amongst lawmakers, employers, employees, AI companies, and other stakeholders involved in this AI arms race. (Andrew Chow et al., TIME).