BRUSSELS, July 10 (Reuters) - Microsoft ( MSFT ) has
ditched its board observer seat at OpenAI in a move aimed at
easing U.S. and UK antitrust regulators' concern about the
extent of its control over the AI startup amid the soaring
popularity of generative artificial intelligence.
Meanwhile, Apple ( AAPL ), which last month said it was
bringing OpenAI's chatbot ChatGPT to its devices, will not take
an observer role on OpenAI's board after being widely expected
to do so, the Financial Times reported, citing a person with
direct knowledge of the matter. Apple ( AAPL ) did not respond to a
request for comment.
An OpenAI spokesperson said the company would establish a
new approach to engaging with stakeholders by hosting regular
meetings with strategic partners such as Microsoft ( MSFT ) and Apple ( AAPL ),
and investors such as Thrive Capital and Khosla Ventures.
Microsoft ( MSFT ) took a non-voting, observer position on OpenAI's
board in November after OpenAI CEO Sam Altman took back the
reins of the company.
The seat meant Microsoft ( MSFT ) could attend OpenAI's board
meetings and access confidential information but had no voting
rights on matters including electing or choosing directors.
The observer seat and Microsoft's ( MSFT ) more than $10 billion
investment in OpenAI have triggered unease among antitrust
watchdogs in the European Union, Britain and the U.S. over how
much control it exerts over OpenAI.
The position provided insights into the board's work without
compromising its independence, Microsoft ( MSFT ) said in a letter to
OpenAI dated July 9.
It cited OpenAI's new partnerships, innovation, and growing
customer base since Altman's return to the startup as reasons
for giving up its observer seat.
"Over the past eight months we have witnessed significant
progress by the newly formed board and are confident in the
company's direction. Given all of this we no longer believe our
limited role as an observer is necessary," it said in the
letter.
EU antitrust regulators last month said the partnership
would not be subjected to the bloc's merger rules because
Microsoft ( MSFT ) does not control OpenAI, but they would instead seek
third-party views on the exclusivity clauses in the agreement.
In contrast, British and U.S. antitrust watchdogs continue
to have concerns as well as questions about Microsoft's ( MSFT )
influence over OpenAI and the latter's independence.
Microsoft ( MSFT ) is making a smart move by dropping the one
tangible evidence of possible control over OpenAI, making it
harder for antitrust regulators on both sides of the Atlantic to
prove otherwise, said an antitrust lawyer who declined to be
named due to the sensitivity of the matter.
Britain's Competition and Markets Authority declined to
comment.
Microsoft ( MSFT ) and OpenAI are increasingly competing to sell AI
technology to enterprise customers, aiming to generate revenue
and demonstrate their independence to regulators to address
antitrust concerns.
Additionally, Microsoft ( MSFT ) is expanding its AI offerings on the
Azure platform and has hired Inflection's CEO to head its
consumer AI division, a move widely interpreted as an effort to
diversify beyond OpenAI.