Jordanian Journal of Law and Political Science, 2025

 

This article examines the legal conflicts at the intersection of artificial intelligence (AI), competition law, data privacy, and digital property rights within the frameworks of Jordan and the United Arab Emirates (the UAE). It assesses the capacity of the prevailing statutes and doctrines to restrain the market influence of AI while simultaneously safeguarding competition and upholding individual privacy and property rights.

Employing doctrinal and comparative methodologies, the study identifies structural gaps in both jurisdictions and situates them against international laws and precedents, in particular the EU's General Data Protection Regulation (GDPR) and the Digital Markets Act (DMA). Findings indicate that current regimes have largely neglected AI-induced forms of monopoly, including algorithmic collusion, data gatekeeping, and preferential self-promotion. The anlayse also highlights how dominte compainies exploit privacy and intellectual property frameworks  to reinforce their position while seeming to operate within the legal remit. Further, it elucidates the dual consptions of data, as a form of intellectual property rights and an object of individual rights, which complicates the application of competition analysis.

The article advocates for a multi-faceted regulatory approach comprising: (i) competition policies tailored expressly for AI; (ii) mandatory data-sharing principles based on Fair, Reasonable, and Non-Discriminatory (FRAND) principles; (iii) transparency requirements predicated on explainable AI (XAI); and (iv) the establishment of specialized authority instruments capable of ensuring demonstrable algorithmic accountability. The article concludes that, absent calibrated legislative intervention, AI driven markets threaten to erode both economic equity and individual rights.