Microsoft CMA investigation ends as OpenAI stake cleared

Britain’s Competition and Markets Authority (CMA) has decided to drop its investigation into Microsoft’s $13 billion stake in OpenAI. The regulator concluded that Microsoft does not hold the degree of control over the artificial intelligence firm sufficient to merit additional scrutiny. This marks the end of a case opened in December 2023 which sought to assess whether Microsoft’s ties with OpenAI constituted a merger.

When the inquiry was launched, concerns were raised about the implications of AI development on economic markets. The CMA highlighted the importance of fostering competitive practices to steer the expanding AI industry towards beneficial outcomes for businesses and consumers. However, after careful assessment, the regulator confirmed that no substantial control by Microsoft over OpenAI exists under UK merger laws.

The investigation faced political and economic pressures. In January, the former CMA chairman, Marcus Bokkerink, was ousted by ministers who criticised the authority for lacking emphasis on promoting growth. His successor, Doug Gurr, a former Amazon UK executive, took over during a time when Downing Street had prioritised plans for AI innovation to drive the recovery of the UK economy.

Microsoft’s efforts to address possible concerns included relinquishing its board observer seat at OpenAI last year. The tech giant welcomed the outcome of the CMA’s review, describing its partnership with OpenAI as a driver of competition, innovation, and responsible AI development. Microsoft noted the decision demonstrated a balanced consideration of commercial realities.

This closure coincides with another legal battle involving OpenAI. In the United States, a judge recently denied Elon Musk’s attempt to block OpenAI’s transition to a for-profit model through a preliminary injunction. Musk, a co-founder of OpenAI, has accused the company of deviating from its original mission to prioritise humanity over corporate profit. OpenAI has refuted these claims, arguing that its for-profit model is essential to secure funding required to lead in the expensive AI industry.

The CMA’s decision is likely to ease regulatory tensions for Microsoft, allowing it and OpenAI to proceed without further investigative barriers. While the rise of artificial intelligence remains tightly scrutinised, decisions such as this underscore the balancing act between regulation and fostering technological growth in a pivotal market.