US launches inquiry into AI deals by Microsoft, OpenAI, Google and Amazon
FTC will examine what rights the tech giants’ investments in AI companies have conferred and if those deals harm competition.
On Thursday, the United States trade regulator initiated an investigation into investments and partnerships within the generative artificial intelligence sector. The Federal Trade Commission (FTC) issued orders to five prominent companies, including Alphabet (Google’s parent company), Amazon, Anthropic, Microsoft, and OpenAI, the creator of ChatGPT, compelling them to provide detailed information on their involvements.
According to the FTC’s statement, the inquiry aims to elucidate the authority and rights established by the tech giants through their investments in emerging AI enterprises. The focus is on assessing whether such deals have adverse effects on competition within the industry.
FTC Chair Lina Khan emphasized the significance of the study, stating, “Our study will shed light on whether investments and partnerships pursued by dominant companies risk distorting innovation and undermining fair competition.” A parallel examination is being conducted by the British Competition and Markets Authority.
This investigation marks a notable step by the agency in actively scrutinizing AI companies and their utilization of partnerships to expand their influence and presence in the rapidly evolving industry.
Microsoft’s extensive collaboration with OpenAI has been widely recognized as one of the most prominent partnerships in the AI industry. Recently, both Google and Amazon have also entered into significant multibillion-dollar agreements with Anthropic, an AI startup based in San Francisco founded by former leaders of OpenAI.
Rima Alaily, Microsoft’s Vice President of its competition law group, emphasized the United States’ global leadership in AI, attributing it to the collaboration between influential American companies. Alaily stated that partnerships, such as the one between Microsoft and OpenAI, contribute to fostering competition and expediting innovation. Microsoft is OpenAI’s largest shareholder following a substantial $10 billion investment, but it maintains that OpenAI is not a subsidiary under its direct control. Microsoft holds an observer, non-voting seat on OpenAI’s board.
Both Anthropic and Amazon chose not to provide comments on the matter. Requests for comments from Amazon, Google, and OpenAI were not immediately answered.
Khan, an advocate for antitrust measures and a prominent scholar, has posed a significant challenge to the dominance of big tech since assuming her role at the FTC in 2021. Under her leadership, the FTC achieved a successful fine against Amazon for privacy breaches related to its Ring doorbell camera. In May 2023, another settlement was announced, addressing allegations of Amazon’s infringement on children’s privacy rights by retaining recordings made by the virtual assistant Alexa.
Historically, the FTC, under Khan’s guidance, has targeted major tech companies, as seen in the 2021 case against Meta, with allegations of anti-competitive conduct regarding the acquisition of competitors. The recent announcement signals a shift in focus for the FTC, now directing its attention to the realm of artificial intelligence. This move is in response to the trend where companies opt to bolster investments in smaller entities instead of pursuing outright acquisitions.
In her opening remarks at an AI forum on Thursday, Khan stated, “We’re scrutinizing whether these ties enable dominant firms to exert undue influence or gain privileged access in ways that could undermine fair competition.” This signifies the FTC’s commitment to investigating potential imbalances and distortions in competition within the AI sector.
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