OpenAI‌ Considers Legal Options to Exit​ Microsoft Partnership

OpenAI is exploring ‍ways to potentially‍ exit its exclusive agreement with Microsoft, ‌including seeking a federal regulatory review⁢ based on possible antitrust violations, according to sources. This ⁤move could represent a⁢ significant shift in⁢ the ‌AI landscape.

Such a complaint would be a drastic measure to sever the ties between the two companies. However, this ‍contrasts with the U.K.’s Competition and Markets Authority (CMA) decision in March, which found no grounds to investigate the Microsoft-OpenAI⁤ partnership under ​the Enterprise Act of 2002.

Alternatively, OpenAI might ​seek to revise the agreement, potentially transitioning from its current nonprofit ⁤status ⁣to a ⁤public benefit corporation. Reports suggest OpenAI would⁤ offer‌ Microsoft a‌ 33%‌ stake in ‍this restructured entity, foregoing ⁣future profit rights. Microsoft would also lose exclusive rights to OpenAI’s models on Azure.

Microsoft initially invested $1 billion ​in OpenAI in ⁤2019, followed ‍by further funding in March 2021 and a $10 billion ⁢commitment in ⁤January 2023. By September 2024, Microsoft’s total OpenAI investments ‍reached $13 billion, entitling them to 20% ‍of​ OpenAI’s revenue. Microsoft provided Azure cloud infrastructure and AI‌ integration ⁣into its software.

However,‌ the exclusive nature of‍ the partnership began to change. In june 2024,​ OpenAI partnered with Oracle for its Oracle Cloud infrastructure (OCI), while maintaining its Microsoft relationship. By ​January 2025, the agreement shifted from exclusive access⁤ to openai’s IP through 2030, granting OpenAI​ the ​right to build additional‌ capacity, likely ​with ‌Oracle.

Microsoft is also diversifying its⁤ AI ⁤portfolio. In late May, it opened its Azure ​cloud infrastructure to Elon ‍Musk’s xAI, which is developing​ Grok models. Microsoft emphasizes its support for a diverse AI ecosystem, rather than relying on a single model provider.

For ⁢the fiscal third quarter