OpenAI asked US District Judge Mark Pittman on 22 September to rule in its favour before trial in the antitrust case brought by Elon Musk’s businesses, CPI reported in its account of the motion. OpenAI argues that securities disclosures made by SpaceX contradict allegations that Apple’s integration of ChatGPT restricted competition. The motion asks the judge to decide the remaining claims on the evidence gathered in the case.
Key points
- OpenAI seeks summary judgment on the antitrust claims against it.
- It says SpaceX’s descriptions of xAI’s strength conflict with the competitive injury alleged in the lawsuit.
- OpenAI also says its Apple arrangement is non-exclusive and attracted fewer additional ChatGPT users than expected.
- The plaintiffs have resolved their claims against Apple. Trial on the remaining case is scheduled for January.
SpaceX’s disclosures and xAI’s complaint
X Corp and xAI sued Apple and OpenAI in 2025, alleging that Apple unlawfully impeded rival generative-AI services by integrating ChatGPT into Apple Intelligence features on iPhones and other Apple products, Lawyer Monthly reported. The case is X Corp. and SpaceXAI LLC v. Apple Inc. et al., No. 4:25-cv-00914-P, in the US District Court for the Northern District of Texas. Apple and OpenAI deny wrongdoing.
OpenAI’s latest argument draws on SpaceX disclosures connected with its June stock market debut, alongside testimony and other evidence gathered during the litigation. SpaceX now owns the xAI business, according to Lawyer Monthly. OpenAI says SpaceX presented investors with an account of xAI’s position that conflicts with the plaintiffs’ allegation that the Apple arrangement has prevented xAI from competing effectively.
In particular, OpenAI says SpaceX described xAI as having a “formidable competitive advantage” and a leading position in advanced artificial intelligence. It says the disclosures also characterised the consumer AI market as rapidly evolving and intensely competitive. OpenAI asks Pittman to weigh those statements against the allegation that Apple’s ChatGPT integration substantially shut rivals out of competition. Its reading of the investor disclosures is an argument in the motion, not a finding by the court.
OpenAI also disputes the allegation that it has monopoly power. Its request for summary judgment would dispose of the claims without a trial if Pittman accepts its arguments about the evidence. The plaintiffs, by contrast, brought the case on the basis that Apple’s integration gave ChatGPT an advantage over competing chatbot providers, including xAI. Those opposing accounts of the market now bear directly on OpenAI’s request for a ruling before the scheduled trial.
Apple’s agreement and ChatGPT user forecasts
The Apple agreement is a separate part of OpenAI’s defence. OpenAI argues that it is expressly non-exclusive and leaves Apple free to integrate competing AI chatbots into Apple Intelligence, Lawyer Monthly reported. It also argues that users can obtain rival chatbots through the App Store and other channels. Apple says its deal with OpenAI leaves it free to collaborate with other AI developers.
The plaintiffs’ complaint alleges that Apple’s choice to incorporate ChatGPT into its software favoured OpenAI at rivals’ expense. OpenAI’s position on the agreement challenges whether that distribution arrangement could exclude competing services. Its position on user numbers challenges the alleged commercial effect: OpenAI says the integration initially brought in fewer additional ChatGPT users than it had anticipated.
OpenAI says it consequently lowered its forecasts for incremental logged-in weekly active users attributable to the Apple partnership, CPI reported. The company argues that the shortfall was apparent by the time Musk’s businesses sued. It relies on that performance in disputing the allegation that Apple’s integration enabled it to dominate the chatbot market among iPhone users. Those user figures are part of OpenAI’s case for summary judgment, rather than findings that Pittman has adopted.
Apple’s exit leaves OpenAI before Pittman
X Corp and SpaceXAI resolved their antitrust claims against Apple in September while continuing their case against OpenAI. The terms of the resolution have not been made public, CPI reported. The surviving claims concern OpenAI’s role in the arrangement that the plaintiffs originally challenged against both companies. OpenAI’s motion asks Pittman to end those claims on the evidence already assembled, rather than send them to trial.
As of 23 September, Pittman had not ruled on OpenAI’s request. OpenAI’s submissions ask him to accept its arguments about SpaceX’s investor statements, the Apple agreement and the integration’s effect on ChatGPT use. The US District Court for the Northern District of Texas has the case scheduled for trial in January.
