A federal judge has denied Apple’s and OpenAI’s motions to dismiss Elon Musk’s antitrust lawsuit, allowing the case to move forward. U.S. District Court Judge Mark Pittman ruled that the allegations require further examination through summary judgment. This decision means the lawsuit, filed in August, will continue to test the claims in court.
The case centers on Apple’s exclusive agreement to integrate OpenAI’s ChatGPT as the default AI assistant on iOS devices. Musk’s companies, X Corp. and xAI, argue that this arrangement harms competition and monopolizes the AI chatbot market. X Corp. and xAI have accused Apple and OpenAI of blocking other AI platforms, like xAI’s Grok, from the iPhone ecosystem.
Judge Pittman’s ruling came after both Apple and OpenAI requested the dismissal of Musk’s claims. The judge stated that the allegations should be explored further before a final determination is made. His decision means the court will assess whether Apple’s exclusive integration of ChatGPT violates antitrust laws.
This lawsuit accuses Apple of manipulating the App Store’s ranking system to favor OpenAI’s ChatGPT. X Corp. and xAI assert that ChatGPT’s prominence on the App Store harms their ability to compete. Despite Grok ranking second in the “Productivity” category, it does not appear in Apple’s “Must-Have Apps,” which feature ChatGPT.
X Corp. and xAI claim that the exclusive deal gives ChatGPT an unfair advantage, controlling up to 80% of the generative AI market. In contrast, Grok holds only a small fraction of that market share. Musk’s companies argue that this exclusive arrangement suppresses competition and limits consumer choice.
Ishita Sharma, managing partner at Fathom Legal, noted that the case could hinge on whether evidence shows actual exclusion of competitors. She added that the defense will likely argue that the partnership is simply competitive, not anticompetitive. Sharma emphasized that competition remains strong across other platforms and browsers, despite Apple’s preference for ChatGPT.
The lawsuit highlights the broader issue of how default AI integrations on dominant platforms should be treated under current antitrust laws. As regulators continue to define the “AI market,” this case may shape how such integrations are viewed in the future.
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