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Microsoft’s $13 billion investment in OpenAI could face an EU antitrust investigation as regulators are building the case for such a move, people familiar with the matter said on Thursday.<\/p>\n<\/p><\/div>\n
Microsoft’s OpenAI partnership, together with those between Alphabet, Amazon and Anthropic, have triggered scrutiny on both sides of the Atlantic as antitrust enforcers seek to understand how these deals affect competition.<\/p>\n
The people said the European Union antitrust regulator had decided not to investigate the partnership under EU merger rules, but that Microsoft could still face an antitrust investigation.<\/p>\n
That could look into whether the partnership restricts or distorts competition within the EU internal market or whether Microsoft’s market power distorts the market through certain practices.<\/p>\n
The European Commission is leaning towards the second angle, one of the people said.<\/p>\n
The people said no decision has been taken as the EU competition enforcer is looking for evidence and may eventually decide not to open an investigation.<\/p>\n
Microsoft has a non-voting position on the OpenAI board but says it does not own any portion of the ChatGPT maker.<\/p>\n
The Commission did not comment on the broader antitrust situation. It said it is checking whether Microsoft’s investment in OpenAI might be reviewable under the EU Merger Regulation.<\/p>\n
“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,” a spokesperson said, declining further comment.<\/p>\n
Microsoft declined to comment.\u00a0<\/p>\n
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