EU examines Microsoft-OpenAI partnership

European antitrust regulators could launch an investigation into the partnership between Microsoft and AI developer OpenAI due to concerns about potential anticompetitive practices, insiders told Reuters. The EU Commission is currently examining the implications of Microsoft's multi-billion dollar investment in OpenAI made public last year. Initially, it was decided not to assess this deal according to the usual merger control rules, but an antitrust review may be pending.

At the core of the considerations is the question of whether the close cooperation of the companies could impair competition in the EU internal market, in particular whether Microsoft's dominant market position could be illegitimately strengthened. According to an insider, the Commission tends to examine the potential distortion of the market by certain practices of Microsoft.

An official decision on a potential investigation is still pending as the Commission continues to gather evidence. Should sufficient indications of a sustained distortion of competition be found, this could lead to a formal review.

The EU Commission announced it is considering an investigation under the Merger Regulation, without however addressing the overall competitive situation. The Microsoft-OpenAI deal had already garnered the interest of several competition authorities, with Microsoft emphasizing it sees no antitrust concerns. According to Microsoft, the corporation did not become a shareholder through the investment, but instead participates only in profits, and the board seat it is entitled to is without voting rights.

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