Elon Musk's Bid to Dismiss OpenAI Harassment Lawsuit Denied, Threatens Apple with Antitrust Complaint

Elon Musk's bid to dismiss OpenAI's harassment lawsuit has been denied by a court, allowing the AI company to move forward with claims that Musk attempted to damage the startup he co-founded in 2015. Musk has also accused Apple of antitrust violations, claiming the iPhone maker blocked his AI venture xAI's Grok app from reaching the top of App Store rankings. A jury trial is scheduled for spring 2026.

Elon Musk has faced a series of legal setbacks in his ongoing disputes with both OpenAI and Apple. A federal judge recently denied Musk's bid to dismiss OpenAI's harassment lawsuit, allowing the AI company to proceed with claims that Musk attempted to damage the startup he co-founded in 2015. Additionally, Musk has accused Apple of antitrust violations, claiming that the iPhone maker blocked his AI venture xAI's Grok app from reaching the top of App Store rankings.

The court battle with OpenAI began last year when Musk accused the startup of abandoning its charity status by accepting Microsoft funding. OpenAI responded by filing counterclaims against Musk, accusing him of engaging in a "years-long harassment campaign" to damage the company. A federal judge ruled that OpenAI's counterclaim is legally sufficient to proceed, despite Musk's attempts to dismiss it [1].

Musk's latest accusation against Apple stems from the tech giant's integration of OpenAI's ChatGPT into its iOS, iPadOS, and macOS. Musk claims that this provides an unfair advantage to OpenAI, preventing other AI companies from reaching the top of the App Store rankings. He has threatened to take immediate legal action against Apple, alleging that the company's behavior constitutes an unequivocal antitrust violation [2].

The legal battle between Musk and Apple is part of a broader trend of increased scrutiny of the App Store's practices. Regulators and rivals have been intensifying their focus on Apple's control over its App Store, with the European Union recently ordering the company to pay a €500m fine for preventing developers from steering users outside the App Store [3]. The US Department of Justice has also filed an antitrust lawsuit against Apple, accusing the company of creating and maintaining an illegal smartphone monopoly [3].

Musk's accusation against Apple comes as OpenAI's ChatGPT has consistently held top positions in Apple's charts, while xAI's Grok has struggled to gain the same visibility. However, Musk's claims are not without precedent, as other AI companies have also faced challenges in the App Store rankings. For instance, Chinese AI app DeepSeek reached the top spot in January, and Perplexity took first place in India's App Store in July [4].

The trial between Musk and OpenAI is scheduled for March 2026, adding another layer of complexity to the ongoing legal and regulatory battles surrounding Apple's App Store practices. Musk's legal actions and accusations highlight the growing tension between AI companies and the platforms that host their apps, as well as the increasing scrutiny of tech giants' business practices.

References:
[1] https://www.ainvest.com/news/elon-musk-ordered-face-openai-harassment-claim-court-2508/
[2] https://www.cnn.com/2025/08/12/tech/elon-musk-threat-sue-apple-xai-app-intl-hnk
[3] https://www.businessinsider.com/elon-musk-apple-app-store-criticism-challenged-deepseek-perplexity-2025-8
[4] https://www.cnbc.com/2025/08/12/musk-threatens-immediate-legal-action-against-apple-over-alleged-antitrust-violations.html