OpenAI Calls Musk’s Antitrust Suit ‘Harassment’; Apple Denies Anti-Competitive Conduct

Apple and ChatGPT maker OpenAI failed to have the lawsuit filed by Elon Musk's company, X Corp., alleging a conspiracy to monopolize the smartphone and generative AI chatbot markets dismissed. Apple and OpenAI couldn't convince U.S. District Judge Mark Pitman in Fort Worth, Texas, to dismiss the case.

In his ruling, the judge stated that Musk's social media platform X and startup XAI can proceed with their lawsuit, marking an initial victory for the billionaire entrepreneur in the battle for artificial intelligence (AI) dominance. In his brief order, the judge stated that his decision should not be viewed as a judgment on the merits of X's allegations and that he would consider disputes on the facts at a later stage in the case. Musk's companies allege that Apple violated antitrust law. OpenAI described the lawsuit as consistent with Musk's ongoing pattern of harassment and stated, "We look forward to proving this in court."

There was no immediate response from Apple and XAI on the court's decision. Musk's companies filed a lawsuit in August claiming that Apple violated antitrust law by exclusively integrating ChatGPT into intelligence features on iPhones and other devices. The lawsuit alleged that Apple illegally excluded competitors in its partnership with OpenAI.

X and XAI also alleged that Apple included ChatGPT in its must-have apps list in the App Store, bypassing competitors. Apple, in seeking dismissal of the case, stated that its OpenAI deal is not exclusive. Apple also stated that choosing a partner is not illegal in any way.

Apple denied any anti-competitive conduct, telling the court that other chatbots are available through browsers and apps, and that X and Grok rank high in the App Store charts. OpenAI, in response to the lawsuit, accused Musk of waging a legal battle against OpenAI and ChatGPT. Musk is separately suing OpenAI and its leaders in a California federal court.