Walid Chaiehloudj (U Côte d’Azur) has posted “Musk v. OpenAI: Antitrust and the Boundaries of Strategic Litigation in the AI Sector” (European Competition and Regulatory Law Review (CoRe), forthcoming) on SSRN. Here is the abstract:
This paper analyzes the recent decision in Musk v. Altman (N.D. Cal., March 2025), in which the United States District Court denied a preliminary injunction sought by Elon Musk and his company xAI against OpenAI and Microsoft. The plaintiffs alleged that OpenAI and Microsoft had entered into an unlawful group boycott by pressuring investors not to fund competing AI companies, in violation of Section 1 of the Sherman Act. The court rejected the claim on both procedural and substantive grounds, notably finding that Musk lacked standing, and that the evidence presented-consisting mainly of media articles-was insufficient to establish a plausible antitrust violation or irreparable harm.
Beyond its procedural lessons, Musk v. Altman illustrates the intensifying global battle for dominance in AI markets and the legal complexities accompanying it. The court’s decision ultimately favors a model of competition based on innovation rather than speculative or strategic litigation.