Gail Slater’s 2025 Georgetown Law Speech: Antitrust Remedies Fueling AI Innovation

In her keynote address at the 2025 Georgetown Law Global Antitrust Enforcement Symposium, Assistant Attorney General Gail Slater, head of the DOJ’s Antitrust Division, outlined how robust antitrust enforcement can drive innovation in the AI era. Speaking on September 16, 2025, in Washington, D.C., Slater emphasized that free market competition, supported by thoughtful monopolization remedies, is key to America’s leadership in the global technological race, particularly in artificial intelligence (AI). Below is a summary of her speech, optimized for SEO with relevant citations.

Key Themes: Antitrust and the Free Market

Slater highlighted the intersection of antitrust remedies and AI innovation, framing the current moment as an “inflection point” for both antitrust enforcement and technology policy. She argued that monopolization remedies should foster competition by opening markets to smaller tech firms while incentivizing large tech companies to innovate rather than exclude competitors. Drawing parallels between the advent of large language models (LLMs) and the internal combustion engine, she stressed that AI’s transformative potential depends on entrepreneurs having the freedom to innovate without monopolistic barriers.

“The antitrust laws are the free market laws,” Slater said, citing the Supreme Court’s ruling in N. Carolina State Bd. of Dental Examiners v. F.T.C. (2015), which underscores antitrust as a safeguard for economic freedom ([1]).

Historical Lessons in Antitrust Enforcement

Slater provided three historical examples to illustrate how antitrust remedies have spurred innovation:

1. Standard Oil Breakup (1911): President Theodore Roosevelt’s lawsuit against Standard Oil dismantled its monopoly, reducing oil prices and enabling industries like automotive and aviation to thrive. This case demonstrated that curbing monopolistic control fosters economic dynamism ([2], [3]).
2. AT&T Consent Decree (1956): The DOJ’s 1949 lawsuit against AT&T led to a settlement that opened access to transistor technology, catalyzing the growth of Silicon Valley firms like Intel and Fairchild. Gordon Moore, Intel’s co-founder, credited this decree for enabling the semiconductor industry’s rise ([4], [5]).
3. AT&T Breakup (1984): Under President Reagan, the DOJ broke up AT&T’s telephone monopoly, fostering competition in long-distance and wireless markets. This enabled innovations like the Carterfone and, later, the iPhone, showing how antitrust remedies can unlock adjacent markets ([6], [8], [10]).
4. Microsoft Decree (2001): The Bush-era settlement with Microsoft prevented the company from stifling competition in the Windows ecosystem, allowing companies like Google and Apple to grow. This case highlighted the importance of protecting “leapfrog competition” for transformative innovations ([11], [12], [13]).

Antitrust in the AI Era

Slater emphasized that today’s AI-driven technological race requires similar antitrust vigilance. Monopolists who hoard data, users, or platforms can stifle innovation, much like AT&T and Microsoft did in the past. She advocated for remedies that restructure access to these resources without picking winners, trusting the competitive process to drive growth. This approach, she argued, counters centralized models like China’s, which rely on state-backed monopolies ([1]).

Benefits for All Stakeholders

Slater concluded that antitrust enforcement benefits not only innovators but also monopolists and consumers. Post-breakup, Standard Oil’s successors (ExxonMobil, Chevron) and AT&T’s descendants (Verizon, AT&T) thrived, as did Microsoft after its decree. By fostering competition, antitrust remedies expand economic opportunities, lower prices, and drive innovation, ensuring America’s leadership in AI and beyond ([14], [15]).

Why This Matters for Antitrust and AI

Slater’s speech underscores the DOJ’s commitment to using antitrust enforcement to promote free market competition in the AI era. As LLMs and other AI technologies reshape industries, her insights highlight the need for policies that prevent monopolistic exclusion and empower entrepreneurs. For businesses, policymakers, and tech enthusiasts, her message is clear: robust antitrust remedies are essential for unleashing America’s innovation potential.

Andre Barlow

abarlow@dbmlawgroup.com

Citations:

1. N. Carolina State Bd. of Dental Examiners v. F.T.C., 574 U.S. 494 (2015).
2. Roosevelt, T., Special Message to the Senate and House (1906).
3. Standard Oil Co. v. United States, 221 U.S. 1 (1911).
4. Watzinger et al., How Antitrust Enforcement Can Spur Innovation (2020).
5. Wessner, C.W. (ed.), Capitalizing on New Needs and New Opportunities (2001).
6. Watzinger & Schnitzer, The Breakup of the Bell System (2022).
7. In re Use of the Carterfone Device, 13 F.C.C.2d 420 (1968).
8. Carstensen, P.C., Remedies for Monopolization (2012).
9. Heiner, D.A., Microsoft: A Remedial Success? (2012).
10. Hesse, R.B., Section 2 Remedies and U.S. v. Microsoft (2009).
11. United States v. Microsoft, 253 F.3d 34 (2001).
12. Comanor, W.S., Break ‘Em Up for Their Own Good (1992).
13. Id.