June 5 (Reuters) - The U.S. Justice Department and the
Federal Trade Commission have reached a deal that allows them to
proceed with antitrust investigations into the dominant roles
that Microsoft ( MSFT ), OpenAI and Nvidia ( NVDA ) play in the
artificial intelligence industry, according to a source familiar
with the matter.
Under the deal, the U.S. Department of Justice will take the
lead in investigating whether Nvidia ( NVDA ) violated antitrust laws,
while the FTC will examine the conduct of OpenAI and Microsoft ( MSFT ).
While OpenAI's parent is a nonprofit, Microsoft ( MSFT ) has invested $13
billion in a for-profit subsidiary, for what would be a 49%
stake.
The Microsoft-OpenAI partnership is also under informal
scrutiny in other regions.
The regulators struck the deal over the past week and it is
expected to be completed in the coming days, the person said.
The FTC is also looking into Microsoft's ( MSFT ) $650 million deal
with AI startup Inflection AI, a person familiar with the matter
said.
The probe was first reported by the Wall Street Journal and
the regulators' agreement by the New York Times.
OpenAI and Nvidia ( NVDA ) did not immediately reply to requests
for comment on Thursday. Microsoft ( MSFT ) said it has complied with its
legal obligations.
The moves signal growing regulatory scrutiny into the AI
industry. In January, the FTC ordered OpenAI, Microsoft ( MSFT ),
Alphabet Amazon and Anthropic to provide
information on recent investments and partnerships involving
generative AI companies and cloud service providers.
In July last year, the FTC opened an investigation into
OpenAI on claims it had run afoul of consumer protection laws by
putting personal reputations and data at risk.
Last week, U.S. antitrust chief Jonathan Kanter referred to
"structures and trends in AI that should give us pause," at an
AI conference, adding that the technology relies on massive
amounts of data and computing power, which can give
already-dominant firms a substantial advantage.