Elon Musk Drops Apple From AI Antitrust Suit, OpenAI Still Faces Trial
Elon Musk drops Apple from his AI antitrust case but keeps OpenAI as a defendant, as the narrowed chatbot monopoly dispute heads to trial in fall 2026.
Summary
Elon Musk and X voluntarily dismissed all antitrust claims against Apple on September 14, 2026, permanently barring their revival while preserving identical claims against OpenAI. No reason or settlement terms were disclosed. Apple announced its nonexclusive ChatGPT integration for iPhone features in 2024. Musk branded it intrusive spyware, then sued in 2025, alleging control of Apple users' AI prompts harmed smartphone and chatbot competition. In August 2025, he accused Apple of preventing Grok from reaching No. 1 in the App Store.
OpenAI, headed to trial in fall 2026, calls the suit harassment by rival SpaceXAI and rejects Musk's rough estimate that the partnership foreclosed 0 to 55 percent of the chatbot market. In May 2026, OpenAI said Apple had poorly promoted and obscured ChatGPT features, frustrating expectations of billions of dollars in annual subscriptions and prompting consideration of litigation after renegotiation stalled. Apple and OpenAI challenged Musk's standing because none of his companies makes smartphones; Apple also warned his theory could expose suppliers to antitrust claims whenever customers reject rivals. Earlier in 2026, a unanimous jury rejected Musk's separate claim that OpenAI abandoned its humanitarian mission because he sued too late, without assessing its validity. A summer 2026 discovery order gave Musk's companies internal Apple messages about the OpenAI deal, potentially informing his foreclosure calculations in the narrowed case.
Positives
- September 14, 2026 brought Apple a permanent dismissal of every antitrust claim Musk and X raised against it.
- Summer 2026 discovery gave Musk's companies internal Apple messages discussing the OpenAI agreement.
- Fall 2026 will bring the narrowed OpenAI monopoly allegations to trial rather than leaving them unresolved.
- Apple consistently described its ChatGPT partnership as nonexclusive, countering claims that it locked rivals out.
Risks & concerns
- OpenAI remains exposed to a fall 2026 trial over alleged monopolization of Apple users' AI prompts.
- Musk's estimated chatbot-market foreclosure spans 0 to 55 percent, a range OpenAI dismisses as rough arithmetic.
- May 2026 disclosures indicate Apple's implementation missed OpenAI's expectations for billions of dollars in annual subscriptions.
- Apple and OpenAI argue Musk lacks smartphone-market standing because none of his companies manufactures phones.
- A unanimous jury rejected Musk's separate OpenAI mission lawsuit in 2026 because he waited too long to sue.