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OpenAI Weighs Antitrust Complaint as Microsoft Partnership Talks Falter

OpenAI executives propose an antitrust complaint to pressure Microsoft into agreeing on equity terms for its public-benefit corporate conversion.

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Photo illustration: Brendan Lynch/Axios. Photos: Hollie Adams/Bloomberg via Getty Images and Chip Somodevilla/Getty Images
Photo: Justin Sullivan (Getty Images)
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Overview

  • OpenAI has explored filing a federal antitrust complaint to seek a regulatory review of its Microsoft partnership contract over potential anticompetitive practices.
  • They remain deadlocked over Microsoft’s future equity stake in OpenAI’s planned conversion to a for-profit public-benefit corporation.
  • OpenAI is diversifying its cloud infrastructure, adding Google Cloud and other providers to reduce reliance on Microsoft’s Azure for compute capacity.
  • Dispute over OpenAI’s recent $3 billion acquisition of coding startup Windsurf centers on whether Microsoft can access the startup’s IP, which powers competing tools like GitHub Copilot.
  • OpenAI risks losing up to $20 billion in funding if it fails to complete its corporate restructuring by year-end, intensifying pressure to break the impasse.