The rapid advancement of AI, especially in frontier models, creates urgent safety challenges that single companies may struggle to address alone. While antitrust laws protect market competition, they might unintentionally prevent crucial collaboration on AI safety measures. This creates a situation where companies hesitate to work together on safety protocols, even when cooperation could significantly reduce risks to public welfare.

The Safe Harbor Approach

One potential solution could involve creating a carefully defined legal exemption to antitrust laws, allowing AI developers to collaborate specifically on safety research. This "safe harbor" would be narrowly focused on technical safety work like developing alignment techniques or shared security protocols, while keeping all other antitrust protections intact. To prevent misuse, all collaborative activities would require transparent reporting to regulators.

• Defined boundaries: Clear rules specifying exactly what types of collaboration are permitted
• Mandatory transparency: Regular reporting requirements to oversight bodies
• Limited scope: Only covers safety research, not business operations or market activities

Balancing Safety and Competition

The key challenge lies in designing a framework that enables safety cooperation without harming healthy market competition. Existing models like the National Cooperative Research Act show that limited antitrust exemptions can work, but would need significant adaptation for AI's unique risks. A potential testing approach might involve:

1. Starting with a small pilot program involving volunteer companies
2. Implementing strict monitoring for any anti-competitive behavior
3. Gradually expanding the program as benefits become clear

This approach would need involvement from multiple stakeholders - AI developers, regulators, and independent researchers - to ensure it truly serves public interest while maintaining fair competition.