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Nvidia’s $100B OpenAI deal sparks antitrust scrutiny over AI dominance

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Nvidia’s plan to invest up to $100 billion in OpenAI — while supplying the ChatGPT maker with millions of AI chips — is raising alarms among antitrust experts who warn the partnership could distort competition in a market already dominated by a handful of tech giants.

Nvidia controls more than half of the GPU market, the essential chips powering AI data centers. Experts caution that a financial tie to OpenAI could give Nvidia incentives to favor one customer over rivals through preferential pricing or faster delivery. “They’re financially interested in each other’s success. That creates an incentive for Nvidia to not sell chips to, or not sell chips on the same terms to, other competitors of OpenAI,” said Rebecca Haw Allensworth, a Vanderbilt Law School antitrust professor.

Andre Barlow, an antitrust lawyer, said the deal raises “significant antitrust concerns,” though the Trump administration’s pro-business stance complicates the outlook. President Donald Trump has emphasized both removing regulatory hurdles to accelerate AI growth and using antitrust enforcement to ensure long-term competition.

The scale of the deal highlights how expensive frontier AI has become. “The cost of chips, data centers and power has pushed the industry toward a handful of firms able to finance projects on that scale,” said Sarah Kreps, director of the Tech Policy Institute at Cornell University. Nvidia’s top two customers already account for nearly 40% of its revenue, underscoring its reliance on concentrated buyers.

Under President Biden, regulators had warned Big Tech could use scale to dominate AI. The DOJ and FTC pursued early inquiries into exclusionary conduct around AI resources. The Trump administration has kept many Big Tech cases alive, with DOJ antitrust head Gail Slater saying last week enforcement must focus on preventing bottlenecks: “The competitive dynamics of each layer of the AI stack and how they interrelate… are legitimate areas for antitrust inquiry.”

For now, Nvidia insists its investment won’t alter its sales practices: “We will continue to make every customer a top priority, with or without any equity stake,” a spokesperson said. OpenAI declined to comment.

Judge rules Amazon violated shopper protection law in Prime case

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Amazon (AMZN.O) violated U.S. consumer protection law by collecting Prime subscribers’ billing details before disclosing the service’s full terms, a federal judge ruled on Wednesday. The decision marks a partial victory for the Federal Trade Commission (FTC) as it prepares for trial against the retail giant.

U.S. District Judge John Chun said Amazon’s practices breached the Restore Online Shoppers Confidence Act (ROSCA), bolstering the FTC’s argument that the company used deceptive tactics to drive Prime signups. The agency alleges Amazon enrolled tens of millions of people in Prime without consent and made cancellation excessively difficult, frustrating millions of attempts to quit.

“Today’s decision affirms that Amazon defrauded American consumers by failing to disclose all terms of Prime before collecting consumer’s payment information,” said Chris Mufarrige, head of the FTC’s consumer protection bureau. “The Trump-Vance FTC intends to make them whole.”

The ruling also holds two Amazon executives potentially liable for violations if proven at trial, while preventing Amazon from arguing that ROSCA does not apply to Prime subscriptions.

Amazon rejected the allegations, saying it has always acted properly. “The bottom line is that neither Amazon nor the individual defendants did anything wrong,” a spokesperson said. “We remain confident that the facts will show these executives acted properly and we always put customers first.”

FTC investigates Google and Amazon over ad pricing transparency

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The U.S. Federal Trade Commission (FTC) has opened probes into Google and Amazon, examining whether the tech giants misled advertisers about the terms and costs of placing ads on their platforms, according to a source familiar with the matter.

The investigations, led by the FTC’s consumer protection unit, focus on whether the companies properly disclosed pricing structures and auction practices. Regulators are scrutinizing Amazon’s use of “reserve pricing”—a minimum price advertisers must accept before buying an ad—and whether those rules were clearly communicated. Google is being investigated for whether it raised ad costs internally without disclosing the changes to advertisers.

Both companies declined to comment on the probe.

The news comes as the two firms face mounting legal challenges. On September 22, trials are set to begin in separate federal cases:

  • The FTC vs. Amazon in Seattle, alleging the company enrolled consumers into Prime without consent and made cancellations excessively difficult.

  • The DOJ vs. Google in Virginia, where regulators are seeking the breakup of its advertising technology business, after a judge ruled the company illegally monopolized digital ads.

The FTC is also pursuing a broader case accusing Amazon of holding illegal monopolies in online marketplaces.

With the U.S. already pursuing multiple landmark antitrust and consumer protection cases, the latest probe further underscores regulators’ intensified scrutiny of Big Tech’s advertising power, a market worth hundreds of billions annually.