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Judge Clears OpenAI’s Harassment Claims as Musk Threatens Antitrust Suit Over App Store

A judge has allowed OpenAI’s harassment counterclaims to advance to a March jury trial after Musk accused Apple's App Store of skewing rankings to favor ChatGPT.

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Elon Musk's long-standing battle with OpenAI has a new participant: Apple.
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Overview

  • Judge Yvonne Gonzalez Rogers ruled on August 12 that OpenAI’s allegations of a years-long harassment campaign by Elon Musk are legally sufficient to proceed.
  • The court set a jury trial for March 16, 2026 to hear both Musk’s lawsuit against OpenAI and the company’s countersuit.
  • Musk threatened immediate legal action against Apple, alleging its App Store design makes it impossible for rivals to reach top rankings without favoring ChatGPT.
  • Apple rejected the claims, stating the App Store “is designed to be fair and free of bias” and uses charts, algorithmic recommendations and expert-curated lists based on objective criteria.
  • OpenAI CEO Sam Altman accused Musk of manipulating X to boost his own companies and X Community Notes highlighted that apps like DeepSeek and Perplexity have also topped App Store charts.