07:54 AM EDT, 04/19/2024 (MT Newswires) -- (Updates with confirmation from European Commission, adds EU regulatory information, and updates stock move.)

Microsoft's ( MSFT ) $13 billion investment in OpenAI could face an antitrust investigation as regulators in the EU are building a case for such scrutiny, the European Commission said Friday.

"We are checking whether Microsoft's ( MSFT ) investment in OpenAI might be reviewable under the EU Merger Regulation," a Commission spokesperson said in an emailed statement. "In this respect, it is however important to underline that in order to look into potential competition concerns, the Commission first needs to conclude that there has been a change of control on a lasting basis."

Under EU merger regulation, a concentration takes place when there is a change of control on a lasting basis. In particular, sole control is acquired if one of the companies has the power to determine the strategic commercial decisions of the other undertaking.

Microsoft ( MSFT ) declined MT Newswires' request for comment.

The company's shares fell 0.2% in recent premarket activity Friday.