AI pricing and benchmarking tools are reshaping competition risk. Compliance programmes should now be tested against this new reality.

Published: 11 June 2026
Authors: Kiran Desai

Corporations have competition compliance programs because they have in the past been found to have breached competition law, or because they responded to the incentivisation factors to have a programme, namely: detection and response, compliance and risk management in general, an investment in compliance, the reputational benefits of compliance, and a commitment to the law.

The emergence of AI and in particular algorithmic revenue management software and benchmarking software should lead corporations to check whether their compliance programme is sufficiently addressing these new technologies, or whether these technologies are the catalyst for the adoption of a compliance programme.

In considering this topic, questions GCs should consider include:

• have you reviewed the business’ use of these new technologies, the risks attached to their use, and what mitigation steps are appropriate?
• how do the resources devoted to the use of these new technologies compare with the resources used to detect and mitigate risks arising from their use?
• when was the last time a gap analysis was undertaken as regards risks arising from the use of such new technologies, and the programme’s policies, controls and training elements?