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Judge Scrutinizes Musk's Move to Drop Apple from Antitrust Suit

9to5Mac •
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Federal judge Mark Pittman wants details on any agreement that may have led Elon Musk’s companies to drop their antitrust claims against Apple. Earlier this week, X and Space XAI submitted a motion to voluntarily dismiss with prejudice their claims against Apple in the case they brought against Apple and Open AI last year. According to the original filing, Apple and Open AI were colluding to keep competing AI apps from gaining visibility on the App Store, as a result of their agreement to integrate Chat GPT into Siri and Apple Intelligence. Apple and Open AI rejected the claims.

In its filing, X and Space XAI said only that they had “resolved their claims in this Action against” Apple, stressing that they did not seek to dismiss their claims against Open AI.

Now, as first reported by POLITICO, Judge Mark Pittman, who has been overseeing the case, has ordered X and Space XAI to provide the court with “any agreement or combination of agreements with Apple that relate to the resolution of Plaintiffs’ claims against Apple in this litigation.” The order came in response to an emergency motion filed by Open AI seeking to compel X and Space XAI to produce their agreement resolving the dispute with Apple. Pittman also ordered the companies to respond to Open AI’s motion by noon on September 17.