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US Supports Musk’s Argument in Lawsuit Against OpenAI

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U.S. antitrust regulators have weighed in on Elon Musk’s lawsuit seeking to block OpenAI’s transition into a public company, reinforcing his claims that OpenAI and Microsoft engaged in anticompetitive practices. Although the Federal Trade Commission (FTC) and the Department of Justice (DOJ) did not express a direct opinion on the lawsuit, they provided legal analysis that backs Musk’s argument ahead of a crucial hearing in Oakland, California.

Musk, who co-founded OpenAI and owns AI startup xAI, alleges that OpenAI violated antitrust laws by requiring investors to avoid funding rival artificial intelligence companies and by sharing board members with Microsoft, which is also named in the lawsuit. The lawsuit asserts that these actions harmed competition in the AI market.

In response, OpenAI dismissed the lawsuit, claiming that Musk’s allegations lack evidence and are merely harassment. The company also argued that the claims regarding board member affiliations were irrelevant, as two former Microsoft-affiliated board members—Reid Hoffman and Deannah Templeton—are no longer associated with OpenAI.

However, the FTC and DOJ emphasized that even former board members could still possess sensitive competitive information, which could have implications for antitrust law violations. The authorities also stated that a group investor boycott, as Musk alleges, could be illegal even if the organizer was not a direct investor, reinforcing Musk’s claims of anticompetitive conduct.

The FTC is currently investigating partnerships in AI, including the collaboration between OpenAI and Microsoft, to determine if there have been violations of antitrust or consumer protection laws.

UK Competition Watchdog to Investigate Google Search Services

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The UK’s Competition and Markets Authority (CMA) announced on Tuesday that it will use newly acquired regulatory powers to investigate Google’s search services. The investigation will examine how these services affect consumers, businesses, advertisers, and competitors, following growing U.S. calls for regulatory action against the tech giant.

The CMA emphasized that search is crucial for economic growth, with millions of consumers and over 200,000 UK businesses relying on Google’s search and advertising services. Google dominates the search market with 90% of searches in the UK taking place on its platform. The CMA’s role, according to its CEO Sarah Cardell, is to ensure fair competition in the sector, allowing consumers to fully benefit from choice and innovation.

Responding to the investigation, Google’s competition director, Oliver Bethell, pointed out the CMA’s acknowledgment of the sector’s importance for growth. Google plans to engage with the CMA to explain how its services benefit consumers and businesses, while also highlighting potential drawbacks of overly prescriptive regulations. Bethell stressed the importance of a balanced regulatory approach that fosters innovation and consumer choice.

This move comes in the wake of pressure from U.S. prosecutors, who in November argued that Google should be forced to sell its Chrome browser and make search results and data available to competitors. In the U.S., a judge ruled in August that Google had violated antitrust laws, having spent billions to become the default search engine worldwide.

In the UK, Google is already facing scrutiny from the CMA in relation to the cloud computing market, alongside Amazon and Microsoft, as well as its dominance in mobile browsers in collaboration with Apple. The CMA is empowered by new regulations to designate companies with Strategic Market Status (SMS), allowing for in-depth investigations of firms like Google.

The CMA’s investigation will assess whether Google holds SMS in both search and search advertising markets. It will also explore if Google’s market dominance leads to preferential treatment for its own services, as well as the potential barriers to entry and innovation in the sector. Additionally, the watchdog will look into how Google handles consumer data.

The rise of AI-powered search engines, like ChatGPT, poses a long-term challenge to Google’s market dominance. The CMA will also consider whether Google is using its influence to shape the development of new AI services and interfaces to mitigate these emerging competitors. The investigation, which could last up to nine months, may lead to regulatory interventions such as requiring Google to share data with other businesses or allowing publishers more control over how their content is used in Google’s AI services.

 

Meta Warns India Antitrust Ruling Could Force Rollback of Features, Harm Business

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Meta has expressed concerns that a recent antitrust ruling by India’s Competition Commission (CCI) could compel the company to “roll back or pause” some of its features, potentially damaging its business in the country. This warning comes in response to a CCI directive that prohibits Meta’s WhatsApp messaging service from sharing user data with the parent company for advertising purposes.

The Antitrust Ruling and Its Implications

The CCI’s November directive found that Meta had abused its dominant position in India and coerced WhatsApp users into accepting a 2021 privacy policy change that allegedly expanded the company’s data collection and sharing practices. As a result, Meta was slapped with a $24.5 million fine and a five-year ban on sharing data between WhatsApp and Meta in India, where Meta has over 350 million Facebook users and more than 500 million WhatsApp users.

Meta has publicly defended its policy change, expressing disagreement with the CCI’s order. However, in its appeal, Meta highlighted the potential consequences of the ruling, which it claims would significantly impact its ability to deliver personalized ads on platforms like Facebook and Instagram. According to Meta’s filing, the ban on WhatsApp-to-Meta data sharing could prevent businesses, such as an Indian fashion company, from personalizing ads based on user interactions with WhatsApp. Meta has warned that this could force the company to “roll back or pause several features and products,” threatening the commercial viability of both WhatsApp and Meta in India.

Meta’s Concerns Over the Business Impact

Meta’s filing with the Indian appeals tribunal provides an in-depth look at the potential impacts of the CCI ruling. The company argues that the data-sharing ban would disrupt its ability to offer personalized advertisements and potentially hinder the company’s long-term revenue generation in India. While Meta has not specified the exact financial consequences, the company expressed concerns about the broader implications for its business operations in one of its largest markets.

Facebook India Online Services, Meta’s registered entity in the country responsible for selling advertising inventory, reported revenue of $351 million in 2023-24, marking its highest revenue in at least five years.

Global Challenges for Meta

This issue in India adds to Meta’s ongoing regulatory challenges worldwide. In 2021, WhatsApp was accused of violating EU laws by failing to adequately explain changes to its privacy policy. Although Meta later agreed to clarify these changes, the global scrutiny continues to affect the company.

The Indian antitrust investigation began in 2021, sparked by criticism over WhatsApp’s privacy policy changes. Meta argued that the changes were designed to provide clarity on optional business messaging features and did not expand data collection or sharing practices, but the CCI disagreed. The ruling mandates that WhatsApp allow users to decide whether or not they want to share their data with Meta, a significant shift from the previous policy that offered no opt-out option.

Meta’s Appeal Against the CCI’s Ruling

In its appeal, Meta has also criticized the CCI’s approach, stating that the regulator should have consulted with the company and WhatsApp before issuing directives to change its business practices. Meta argued that the CCI lacks the technical expertise necessary to fully understand the potential consequences of its decisions, especially as they pertain to the functioning of digital platforms.

Meta’s appeal will be heard by the Indian tribunal on Thursday, though the process could take weeks or months to resolve. In the meantime, the tribunal has the option to put the CCI directive on hold, potentially providing Meta some breathing room.