UK Antitrust Regulator Examines Microsoft's Collaboration with OpenAI

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08/12/2023 23h24

The United Kingdom's antitrust regulator, the Competition and Markets Authority (CMA), has announced that it is considering launching a merger investigation into Microsoft's collaboration with OpenAI. This comes after OpenAI disclosed that Microsoft would hold a non-voting board seat on the ChatGPT maker's board.

The CMA's examination will focus on determining whether this collaboration between Microsoft and OpenAI constitutes an "acquisition of control," which implies substantial influence of one party over another. The regulator will assess the potential impact on competition and whether a relevant merger situation has arisen as a result of this partnership.

Microsoft responded to the investigation announcement by clarifying that it plays a non-voting observer role on OpenAI's board. This allows Microsoft's representative to attend board meetings and access confidential information but does not grant voting rights on matters, including the election or selection of directors. Microsoft's vice chair and president, Brad Smith, reiterated that this collaboration is distinct from acquisitions like Google's purchase of DeepMind, emphasizing Microsoft's willingness to cooperate with the CMA.

In January 2023, Microsoft pledged to invest more than $10 billion in OpenAI. This significant investment underscores Microsoft's commitment to the partnership and the potential of artificial intelligence (AI). Additionally, Microsoft is set to launch a $3.2 billion investment in AI infrastructure and training in the United Kingdom.

This is not the first time that the CMA has examined Microsoft's operations this year. The regulator continues to monitor the evolving landscape of technology collaborations and acquisitions to ensure fair competition and protect consumers' interests.

The outcome of the CMA's investigation into Microsoft's collaboration with OpenAI will have important implications for the future of AI development and competition in the United Kingdom. As these technologies play an increasingly crucial role in various industries, regulators worldwide are closely scrutinizing the dynamics of such collaborations to maintain a level playing field.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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