Musk–OpenAI Fight Signals AI Antitrust Battle: California Brief

May 20, 2026, 2:02 PM UTC

Musk Trial Hinted at AI’s Next Big Fight

Elon Musk arrives to court in Oakland for his lawsuit against OpenAI
Elon Musk arrives to court in Oakland for his lawsuit against OpenAI
Photographer: Benjamin Fanjoy/Getty Images

The Musk–OpenAI fight might be remembered less as a governance brawl than as the first antitrust case of the AI era, even though antitrust wasn’t part of the complaint. Writing in a Bloomberg Law Insight, UC Berkeley School of Law’s Prasad Krishnamurthy argues the bigger issue isn’t OpenAI’s founding mission but whether leading AI firms will remain independent competitors or become dependent on tech giants for capital, cloud infrastructure, and operational support.

OpenAI’s push for a for-profit arm has economic logic because advanced AI requires massive investment in chips, data ...

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