Shishene Jing

Shishene Jing is a former antitrust attorney with the Federal Trade Commission Bureau of Competition. She clerked for Judge Jed S. Rakoff on the Southern District of New York and Chief Judge Robert A. Katzmann on the Second Circuit. She earned a J.D. from Yale Law School where she served as an Articles Editor on the Yale Law Journal and earned a B.A. in Economics with distinction from Stanford University, where she was elected to Phi Beta Kappa as a junior.

Fears of “Anticompetitive Acquiescence” in AI Copyright Do Not Survive Empiricism

Responding to Mark Lemley and Jacob Noti-Victor, Shishene Jing argues that licensing deals struck by incumbent artificial intelligence firms with content owners will not disadvantage smaller AI rivals. Even if such deals establish a legal precedent requiring licenses, content owners have little incentive to actually sue small, cash-poor AI startups, making the precedent toothless in practice.

If Venture Capital Believes Merger Control Stymies Growth, They Have the Resources To Prove It

Supporters of more robust antitrust policy have pointed to the subsequent success of Figma after authorities blocked Adobe’s acquisition of it. Skeptics, including venture capitalists, have argued that the one case reveals nothing systematic about the benefits of stronger merger review. Venture capitalists happen to be the one party with the data and resources to fund the studies to show any systematic correlation one way or the other. They should do so, writes Shishene Jing.

AI’s Tying Arrangements Jeopardize the Market

The competitiveness of the artificial intelligence market at first glance masks how investment arrangements and partnerships between the largest players risks undermining their incentives to compete. Regulators must continue to monitor these arrangements for anticompetitive effects, writes Shishene Jing.

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