Microsoft’s $13 billion investment in OpenAI may be subject to an EU antitrust investigation, according to sources familiar with the matter.
Although the European Commission has decided not to investigate the partnership under EU merger rules, an antitrust probe is still possible.
The investigation would focus on whether the partnership restricts or distorts competition in the EU internal market or if Microsoft’s market power distorts the market through certain practices.
The European Commission is leaning towards the latter angle, but no decision has been made yet.
Microsoft holds a non-voting position on the OpenAI board and claims it does not own any portion of the company.
The European Commission is currently assessing whether Microsoft’s investment in OpenAI can be reviewed under the EU Merger Regulation.
Microsoft declined to comment on the matter, while the European Commission stated that it is still checking if there has been a lasting change of control, which is necessary to investigate potential competition concerns.