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The U.S. Federal Trade Commission (FTC) has weighed in on Elon Musk’s lawsuit to block OpenAI’s transition to a public company, highlighting legal doctrines that could support Musk's claims of anticompetitive practices involving OpenAI and Microsoft (NASDAQ:MSFT).
The FTC, while not taking sides, offered analysis that may aid Musk in a Tuesday hearing in Oakland, California. Musk, who co-founded OpenAI and now leads AI startup xAI, alleges that OpenAI violated antitrust laws by requiring investors to avoid backing rival AI firms. He also claims OpenAI’s board shared members with Microsoft, fostering conflicts of interest.
Microsoft declined to comment, while OpenAI has yet to respond. The FTC is separately investigating AI partnerships, including the Microsoft-OpenAI relationship, for potential antitrust violations and consumer protection concerns.
OpenAI argues Musk’s claims about board members are irrelevant, as Microsoft’s Reid Hoffman and Deannah Templeton no longer hold positions at OpenAI. However, the FTC noted that former board members may still possess sensitive competitive information and emphasized that observer status does not exempt directors from antitrust laws.
Musk also accuses OpenAI of organizing an investor boycott against its rivals, a claim the FTC acknowledged as legally viable even if the organizer is not a direct participant.
The case raises critical questions about the legality of AI industry partnerships and could set significant precedents. As the FTC investigates broader practices in the sector, the outcome of this lawsuit could shape the future of competition and collaboration in artificial intelligence.
