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Musk Threatens Legal Action Against Apple Over App Store Rankings

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Elon Musk announced on Monday that his AI startup xAI will pursue legal action against Apple, accusing the tech giant of violating antitrust rules by allegedly favoring OpenAI’s ChatGPT in App Store rankings.

Musk claimed Apple’s App Store policies make it “impossible for any AI company besides OpenAI to reach #1,” calling the practice a “clear antitrust violation.” At present, ChatGPT is ranked first in the U.S. App Store’s “Top Free Apps,” while xAI’s chatbot Grok stands in fifth place.

Musk also criticized Apple for not featuring X (formerly Twitter) or Grok in its “Must Have” section, despite X being the “#1 news app globally” and Grok ranking among the top five apps. He suggested Apple might be “playing politics” in its selection process.

Apple, OpenAI, and xAI did not respond to Reuters’ requests for comment. However, OpenAI CEO Sam Altman pushed back against Musk’s claims, pointing out the irony by referencing Musk’s own alleged efforts to manipulate X for personal advantage.

Community fact-checkers on X highlighted that other AI apps, such as China’s DeepSeek and Perplexity AI, have reached the top spot in the App Store this year, undermining Musk’s argument that only OpenAI benefits from Apple’s system.

The dispute comes amid increasing regulatory scrutiny of Apple’s App Store dominance. Earlier in 2024, the EU fined Apple €500 million ($581 million) for anti-competitive practices, ruling that the company’s restrictions prevented app developers from directing users outside the App Store ecosystem.

Musk’s challenge may add further pressure to global regulators already investigating Apple’s control over app distribution and its partnerships with AI companies.

Australian Court Partly Rules Against Apple and Google in Epic Games Antitrust Case

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An Australian federal court has ruled that Apple’s App Store and Google’s Android app marketplace engage in uncompetitive practices, handing Epic Games a partial victory in its long-running legal battle against the tech giants.

The 2,000-page judgment, not yet publicly released, found that Apple and Google’s app stores lacked safeguards against anti-competitive behavior. However, the court also determined that the companies had not intentionally violated the law, local media reported.

Epic Games argued that both Apple and Google charged excessive fees for app downloads and in-app purchases while blocking users from installing alternative app stores. In response to the ruling, Epic said on X that the decision confirmed the companies “abuse their control over app distribution and in-app payments to limit competition.” The company also announced that Fortnite and the Epic Games Store would soon be available on iOS devices in Australia, calling it a win for both developers and consumers.

Apple welcomed the court’s dismissal of some of Epic’s claims but expressed strong disagreement with the findings on competition, maintaining that it faces “fierce competition in every market where we operate.” Google similarly said it would review the full judgment but disagreed with the court’s characterization of its billing practices and certain historical partnerships.

The ruling adds to Epic Games’ global campaign challenging the dominance of app distribution systems controlled by Apple and Google, which has included high-profile cases in the United States and Europe.

ESPN-NFL Deal Faces U.S. Justice Department Antitrust Review Amid Competition Concerns

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The National Football League’s deal with Walt Disney’s ESPN, involving Disney acquiring the NFL Network and other media assets in exchange for the NFL receiving a 10% equity stake in ESPN, is expected to face a thorough antitrust review by the U.S. Department of Justice (DOJ).

Legal experts warn the transaction could raise significant competition concerns by potentially giving Disney greater control over sports broadcasting, which might reduce competition and increase costs for consumers. Andre P. Barlow, a partner at Doyle, Barlow & Mazard, noted the deal might lead to higher prices for streaming services or game access due to Disney’s dominance in sports media.

The DOJ’s Antitrust Division is anticipated to take up to 12 months to review the deal amid ongoing scrutiny of Disney’s recent acquisition attempts, including a controlling stake in Fubo TV, a sports streaming service.

This regulatory attention coincides with concerns raised in the U.S. Senate about rising costs for sports fans as more games move to streaming platforms. Senate Commerce Committee Chair Ted Cruz highlighted the cultural importance of sports and questioned why it is becoming increasingly difficult and expensive to watch games.

The NFL has reportedly engaged with about 30 congressional offices to discuss the deal’s potential to increase consumer choice. Under the agreement, ESPN would incorporate the NFL Network into its sports programming and streaming service, and merge fantasy football offerings with the NFL’s. The NFL would retain streaming rights to NFL RedZone, while ESPN would distribute it to cable and satellite providers.

Disney’s previous large-scale acquisition of 21st Century Fox assets in 2018 received rapid approval, although it required divestment of regional sports networks. Experts expect the current NFL-ESPN deal to undergo more detailed scrutiny.

Political factors may further complicate the process, including former President Trump’s past interventions related to NFL team naming controversies and lawsuits affecting media mergers.

Currently, ESPN is 80% owned by ABC Inc., a Disney subsidiary, and 20% by Hearst. The deal would reduce ABC’s stake to 72% and Hearst’s to 18% to accommodate the NFL’s 10% ownership.