S. 5105, AI Industry Antitrust Carve-out. Quorum's AI analysis reads it as a net cost — and names who bears it.
S. 5105 · Net cost
What it does
This bill creates an antitrust exemption allowing AI companies to share information and coordinate on delaying or limiting AI releases when they claim to be addressing national security risks from AI (theft, weaponization, critical infrastructure threats, loss of control, autonomous self-improvement, or unauthorized access). Companies must notify the Department of Justice in advance of coordinated delays and prove their actions were in good faith and exclusively for security purposes; the government can still seek injunctions if companies fail to meet the burden of proof or if the coordination actually increases security risks overall.
The analysis names large AI development companies (OpenAI, Google DeepMind, Meta, Anthropic, Microsoft) — and 2 more groups — among the beneficiaries.
The cost
The exemption applies to 'coordination' on 'delaying or otherwise limiting' AI release/deployment with only advance notice to DOJ—no approval required. This permits competitors to jointly delay products without antitrust liability, potentially suppressing innovation and consumer access.
The analysis put a critical warning level on this bill. Transparency scores 35%, and the analysis found no provisions unrelated to the bill's subject.
Who is behind it
Filed by Adam Schiff. Cosponsored by Jim Banks.