Elon Musk files antitrust lawsuit against Microsoft and OpenAI

Elon Musk has expanded his legal battle against OpenAI by adding Microsoft to his lawsuit, accusing both companies of engaging in illegal practices to monopolise the generative AI market. The federal antitrust claims, filed in Oakland, California, argue that the partnership between OpenAI and its largest investor, Microsoft, has sidelined competitors and restricted investment opportunities for other AI developers.

Musk’s complaint, which builds on his initial lawsuit from August, claims that OpenAI, which he helped to establish as a nonprofit, has deviated from its original mission. It has transformed into a highly profitable company, valued at $157 billion, and Musk argues that its partnership with Microsoft has created unfair market dominance. He is seeking to have the licensing agreement between the two companies voided and for them to divest assets gained through what he calls monopolistic practices.

The lawsuit also accuses Microsoft and OpenAI of circumventing regulatory oversight by entering exclusive agreements that Musk believes resemble a merger, without going through standard antitrust reviews. OpenAI has dismissed the claims as unfounded, while Musk’s legal team insists that the companies’ actions are damaging competition and transparency in the AI sector.

Musk’s tensions with OpenAI have been ongoing since he left the organisation, which he co-founded to develop safe AI. As OpenAI transitioned to a for-profit structure and secured billions from Microsoft, concerns grew about the concentration of power in the hands of a few dominant players in AI.