Jan 10 (Reuters) - The U.S. Federal Trade Commission
weighed in on Friday on Elon Musk's lawsuit seeking to block
OpenAI's conversion to a public company, pointing out legal
doctrines that could support his claim that OpenAI and Microsoft ( MSFT )
engaged in anticompetitive practices.
While it did not officially support either side, the FTC
offered legal analysis that could aid Musk at a Tuesday hearing
in Oakland, California. Musk co-founded OpenAI and owns AI
startup xAI.
A spokesperson for Microsoft ( MSFT ) declined to comment. A
spokesperson for OpenAI did not immediately respond to a request
for comment.
The FTC is separately looking into partnerships in AI,
including between Microsoft ( MSFT ) and OpenAI, investigating
potentially anticompetitive conduct at Microsoft ( MSFT ) and probing
whether OpenAI violated consumer protection laws.
Musk alleges OpenAI violated antitrust law by making
investors agree not to invest in rival artificial intelligence
firms, and by sharing board members with Microsoft ( MSFT ), which is
also a defendant in the lawsuit.
OpenAI has said the board member claims are moot, because
Microsoft ( MSFT ) board member Reid Hoffman, who was on OpenAI's board,
and Microsoft ( MSFT ) executive Deannah Templeton, who had an observer
seat, are no longer affiliated with it.
But even after they leave boards, directors could still have
sensitive competitive information, the FTC said. Board members
who only have observer status are not exempt from the law, the
agency said in its brief.
Musk also claims that OpenAI facilitated a group investor
boycott against its rivals. Such claims are viable even when the
organizer of the boycott is not a member, the FTC said.