US judge allows Elon Musk’s antitrust lawsuit against Apple, OpenAI

A federal judge has allowed a lawsuit against Apple and ChatGPT-maker iPhone that accuse the two of conspiring to monopolize markets for smartphones and generative AI chatbots. According to news agency Reuters, US District Judge Mark Pittman in his ruling said that Musk’s social media platform X (formerly Twitter) and startup xAI can move forward for now with their lawsuit. He further added that his ruling should not be seen as a judgement on the merits of the platform’s allegations. Instead, he will look at disputes over fact at a later stage.

Why Elon Musk has filed lawsuit against OpenAI, Apple

In the lawsuit, Musk’s companies – X and xAI claim that Apple has violated antitrust law by exclusively integrating ChatGPT into Apple Intelligence features on iPhones and other Apple devices. As per the report, the lawsuit further alleges that Apple had illegally shut out rivals in its partnership with OpenAI.



The companies claim that Apple reinforced ChatGPT exclusivity by featuring it on its “Must-Have Apps” list while sidelining rivals in the App Store.

What Apple, OpenAI say

In response to the judge’s statement on the case on November 13, OpenAI called the lawsuit "consistent with Mr Musk's ongoing pattern of harassment and we look forward to proving this in court."


Seeking dismissal of the lawsuit, Apple previously said that the OpenAI deal is not exclusive and that the complaint fails to allege any agreement barring Apple from working with other chatbots.


“Choosing one partner first is not unlawful,” Apple told the court. The iPhone maker also denied any anticompetitive conduct, stating that other chatbots remain available through browser and app.


OpenAI, on the other hand, has accused Musk of waging "a campaign of lawfare" against OpenAI and ChatGPT.