  Artificial intelligence is not only increasingly used in business and
administration contexts, but a race for its regulation is also underway, with
the EU spearheading the efforts. Contrary to existing literature, this article
suggests, however, that the most far-reaching and effective EU rules for AI
applications in the digital economy will not be contained in the proposed AI
Act - but have just been enacted in the Digital Markets Act. We analyze the
impact of the DMA and related EU acts on AI models and their underlying data
across four key areas: disclosure requirements; the regulation of AI training
data; access rules; and the regime for fair rankings. The paper demonstrates
that fairness, in the sense of the DMA, goes beyond traditionally protected
categories of non-discrimination law on which scholarship at the intersection
of AI and law has so far largely focused on. Rather, we draw on competition law
and the FRAND criteria known from intellectual property law to interpret and
refine the DMA provisions on fair rankings. Moreover, we show how, based on
CJEU jurisprudence, a coherent interpretation of the concept of
non-discrimination in both traditional non-discrimination and competition law
may be found. The final part sketches specific proposals for a comprehensive
framework of transparency, access, and fairness under the DMA and beyond.
