OpenAI accuses Musk’s xAI of deleting evidence in escalating antitrust legal battle

OpenAI has approached a United States federal court with fresh allegations against Elon Musk’s artificial intelligence venture xAI, claiming the company systematically deleted internal communications that could be critical to an ongoing antitrust dispute involving OpenAI and Apple.

According to court filings, OpenAI has accused xAI of using messaging platforms that enable automatic deletion of conversations, potentially preventing the preservation of records relevant to the lawsuit. The development, reported by Bloomberg, adds a new layer of complexity to the already high-profile legal battle between the AI rivals.

In its complaint, OpenAI alleged that xAI failed to produce non-public documents, including emails and internal messages exchanged on platforms such as Signal and XChat, which OpenAI says could substantiate xAI’s competition-related claims. The company argued that xAI had a legal obligation to preserve such communication, particularly because it was preparing legal action at the time the messages were allegedly deleted.

The dispute stems from a lawsuit filed in August by Musk’s companies against OpenAI and Apple. The complaint alleged that integrating ChatGPT into Apple’s ecosystem created an uneven competitive environment and could hinder the growth of rival AI products, including Musk-backed chatbot Grok. Musk’s entities are seeking significant financial damages in the case.

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OpenAI, however, has pushed back strongly, arguing that the legal challenge is driven by broader competitive tensions rather than legitimate antitrust concerns. In its latest filing, OpenAI contended that widespread use of disappearing messaging tools within xAI’s internal operations undermined transparency and created barriers to accessing potentially relevant evidence.

The company has asked the court in Fort Worth to prohibit xAI employees from using auto-deleting communication platforms while the case is ongoing. OpenAI has also sought the appointment of an independent judicial monitor to investigate whether relevant data was destroyed and to assess possible legal consequences.

OpenAI’s legal team claimed that key business discussions at xAI were conducted using such tools despite awareness of potential litigation. The company argued that this pattern of communication could place it at a disadvantage in defending against the antitrust allegations.

The dispute highlights intensifying competition among leading artificial intelligence companies, particularly as generative AI platforms become deeply integrated into consumer technology ecosystems. The outcome of the case could have broader implications for how AI firms manage internal communications, preserve digital evidence and navigate partnerships with major technology companies.

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The court is yet to issue directions on OpenAI’s latest requests, and the litigation between the parties continues.