In its SEC filing, Microsoft Corp names OpenAI as a strategic partner and a competitor. The partnership is the subject of antitrust reviews in the US and the EU.
A report submitted to the Securities and Exchange Commission (SEC) in July indicates that Microsoft desires the federal government to perceive its partnership with OpenAI as more akin to a frenemy relationship than a genuine partnership.
Microsoft Corp proclaimed OpenAI as its rival in numerous passages of the Form 10-K periodic financial performance and conditions report, stating that OpenAI was its “strategic partner” frequently throughout the document.
Microsoft Corp & OpenAI Are Key competitors
Interestingly, Microsoft Corp references “intense competition across all markets” and dozens of competitors in its statements regarding competition. Numerous software and computing organizations and companies, such as Apple and Nintendo, are included.
OpenAI is the sole strategic partner that the Redmond, Washington-based corporation references in the entirety of the document.
72 instances of the term “partner,” including “partnership” and plural forms of both, were identified during a cursory examination. Among those, it does not seem that Microsoft has identified any partners beyond OpenAI. Most references were to “Microsoft partners” and “our partnerships.”
Although this is unlikely to have any legal implications, it is important to note that OpenAI and Microsoft are currently under investigation for antitrust violations related to their strategic partnership in the UK, US, and EU.
Competitive Partnership
Microsoft and OpenAI have maintained an association reminiscent of large-scale technology acquisition, albeit without it.
Microsoft became the exclusive cloud provider of OpenAI in July 2019, investing one billion dollars in the company. This acquisition effectively granted Microsoft the right to host ChatGPT several years before its introduction.
Microsoft Corp invested an additional $10 billion in ChatGPT following its debut. Microsoft subsequently obtained early and semi-exclusive access to integrate GPT-4 into its own “Copilot” and “Bing” services and enhancements to OpenAI’s own services.
A tumultuous leadership revolt occurred in 2023 at OpenAI, resulting in the temporary removal of CEO and cofounder Sam Altman and the modification of the company’s board of directors. Microsoft agreed to hire Altman and any other OpenAI employees who were terminated or willing to defect and to establish a separate division within the company while Altman was on the outs.
In the end, Altman was reinstated as the head of OpenAI, and the board was reorganized to include an observer membership reserved for Microsoft. Eight months later, Microsoft resigned from the board membership in July 2024, stating that it no longer considered the observer seat necessary.
Regulatory examinations
However, the aforementioned antitrust investigations intensified in late 2023 and early 2024 as the UK and EU initiated inquiries. Formal inquiries into Microsoft, Nvidia, and OpenAI have been initiated by the US Justice Department and the Federal Trade Commission as recently as June 2024. These inquiries are based on concerns regarding the trio’s purported leadership in the AI industry.
While there is currently no reason for concern, it is important to note that Microsoft is portraying its unique interactions with OpenAI as routine rival/partnerships. Antitrust inquiries are not uncommon among large technology companies.
