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Security1 publisher2 min readPublished

FTC chair says AI firms' regulation push plus antitrust exemption ask raises red flags

Andrew Ferguson gave his personal view four days after Dario Amodei asked Washington for a narrow antitrust waiver to coordinate a slower AI build. Prior federal guidance already lets rivals trade cyber threat information.

The Watch · Security desk

Photograph accompanying FTC chair says AI firms' regulation push plus antitrust exemption ask raises red flags
Photo: yahoo.com

What happened

  • FTC Chairman Andrew Ferguson said on September 15 that everyone should be deeply suspicious of AI companies that ask Washington for a host of new regulations and an antitrust exemption at the same time.
  • Anthropic CEO Dario Amodei had called on the preceding Friday for an intentional slowdown of AI development and for an exemption from the usual prohibitions on competitors working together.
  • OpenAI's top lobbyist Chris Lehane said his company has worked with Anthropic and Google on AI safety for several weeks and saw no need for a waiver for the three to talk about safety, Bloomberg reported.
  • Cohere co-founder Aidan Gomez, in a blog post on Sunday, called the proposal the latest in a string of recent efforts by Silicon Valley incumbents to shape the regulatory rules around AI.

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Why it matters

  • capability The coordination defenders actually use, passing attack information between competitors, already clears antitrust under a prior statement from U.S. authorities, so a joint response to an agent-driven incident does not wait on this fight.
  • constraint With the FTC chair describing the ask as a bid for barriers to entry, a lab that wants to hold a capability back cannot cite federal cover for it when a rival ships.
  • decision Anyone sizing agent-driven disruption against Amodei's six-month window has to plan around each lab setting its own pace inside that window.
  • contradiction Anthropic presents the waiver as the precondition for safety coordination while a firm inside that coordination says it is already running, and that gap decides whether the request is about safety or about liability.

The waiver Dario Amodei asked for would cover conversation. He wrote that the U.S. government would "need to issue a narrow waiver for certain kinds of safety conversations" [8]. Antitrust experts and some smaller competitors said the doctrines already on the books would let rivals coordinate against catastrophic risk without one [10].

Ferguson answered four days later [16], and he answered as an individual. He said he was giving his personal opinion, and he did not name Anthropic [2]. "I will say generally, though, that if companies are simultaneously coming to Washington and asking for a host of regulations and an antitrust exemption, all of my alarm bells go off," he said at an event at Georgetown University in Washington [4][3]. He said President Donald Trump would set AI policy for the federal government [3]. Reuters reported the remarks as the first public indication of how the Trump administration views Anthropic's bid [15].

Cohere's objection was about authorship. "If this is the most consequential technology in human history, then the rules for it cannot be written by a small group of commercially aligned companies behind an antitrust waiver," co-founder Aidan Gomez wrote [13].

Part of the pressure behind the request is internal to Anthropic. Researcher Jacob Coxon said last week that he had resigned, in part because the "people building AI earnestly believe that it could kill us all by the end of the decade" [14].

Against the waiver sits one commissioner's personal view, which is the only federal comment on the record so far [15]. No exemption has been granted, and until one is, the release calendar belongs to whichever lab ships first.

What to watch

  • A formal FTC or Justice Department position on the exemption, or a White House AI policy statement that supersedes Ferguson's personal view.
  • A published scope for the OpenAI, Anthropic and Google safety conversations. That scope would show what a waiver adds to talks already running.
  • A lab moving a release date on safety grounds without first asking for legal cover.
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