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EU Probes Corporate Structure of Elon Musk’s X Months After xAI Acquisition

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The European Union announced on Thursday that it is seeking further information from Elon Musk’s social media platform X regarding recent changes to its corporate structure. This inquiry comes months after the platform was acquired by Musk’s xAI in a $33 billion deal.

A spokesperson for the European Commission, the EU’s executive branch, stated, “We are following closely changes in the corporate structure of X, as we would changes in any other designated platform.” However, the spokesperson did not confirm Bloomberg News reports suggesting that regulators are considering potential fines against X under the Digital Services Act (DSA).

Bloomberg reported that the regulator might announce a fine on X before its summer recess in August for alleged violations under the DSA, though such a timeline could be delayed.

Representatives from both xAI and X did not immediately respond to Reuters’ requests for comment.

Under the DSA, companies found in breach can face fines of up to 6% of their global turnover, with repeat offenders potentially banned from operating within Europe.

Earlier this month, X updated its blue checkmark disclaimer to preempt a possible substantial fine from EU antitrust authorities. The European Commission had issued preliminary findings in July last year stating that X violated the DSA’s rules on deceptive design by converting the blue checkmark into a paid verification, thereby misleading users about credibility. X has disputed this assessment.

OpenAI Plans Transition to Public Benefit Corporation: What It Means

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OpenAI announced on Friday that it plans to transition its for-profit arm into a Delaware public benefit corporation (PBC), aiming to raise capital while staying competitive in the fast-paced and costly AI race against companies like Google. This shift aims to create a more investor-friendly structure while maintaining OpenAI’s commitment to supporting charitable initiatives.

What is a Public Benefit Corporation (PBC)?

A PBC is a for-profit entity that is legally obligated to pursue one or more public benefits, such as social or environmental goals, alongside its financial objectives. Delaware introduced PBCs in 2013, and as of December 2023, 19 publicly traded PBCs exist.

OpenAI’s current structure is described as a for-profit entity controlled by a non-profit organization, with capped profits for investors and employees. Under the new structure, the non-profit will own shares in the for-profit arm, which will continue to fund the non-profit’s charitable mission, focusing on areas like healthcare, education, and science.

Key Differences Between PBCs and Other Corporate Structures

While both PBCs and traditional corporations are for-profit, PBCs must legally pursue public benefits. Unlike non-profits, which reinvest profits into their mission and are tax-exempt, PBCs are not eligible for special tax exemptions. However, PBCs must report on their progress towards their goals, with shareholders holding significant sway over the company’s alignment with its mission.

Limitations of PBCs

Choosing the PBC structure doesn’t guarantee that a company will prioritize its social mission over profit. While the law requires the board to balance profit-making with its mission, the law does not enforce the mission’s prioritization. Critics argue that publicly traded PBCs may be more vulnerable to takeovers since their public benefit goals could be seen as conflicting with profit-maximizing interests.

Other Companies with the PBC Structure

Rivals such as Anthropic and Elon Musk’s xAI have adopted the PBC structure, as well as other companies like Allbirds, Kickstarter, Patagonia, and Warby Parker. These companies blend social or environmental goals with their business models to appeal to socially-conscious consumers and investors.