OpenAI asks California and Delaware AGs to probe Elon Musk for “anti‑competitive behavior” ahead of trial

April 6, 2026
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The complaint

OpenAI on Monday asked the attorneys general of California and Delaware to investigate what it calls “improper and anti‑competitive behavior” by Elon Musk and his associates, sending a letter as a high‑profile trial looms. Jason Kwon, OpenAI’s strategy chief, alleged in the letter that Musk has mounted a series of “attacks” on the company — including coordinating efforts with other tech leaders — that could hamstring OpenAI’s mission to develop safe AGI. Jury selection is set to begin April 27 in the Northern District of California. Tension, meet calendar.

The allegations and the reporting

OpenAI pointed to a New Yorker report; it has been reported that Musk and his intermediaries conducted opposition research on CEO Sam Altman, tracking flights and movements and circulating material that included false allegations of sexual misconduct. Kwon warned those moves are aimed at “tak[ing] control of the future of AGI…out of the hands of those who are legally obligated to pursue the mission of ensuring that AGI benefits all of humanity,” and into the hands of rivals he says “spurn any responsibility for safety.” Earlier this year OpenAI also warned investors to expect “deliberately outlandish, attention‑grabbing claims” from Musk as the lawsuit goes to trial.

Why this matters

The fight has roots: Musk co‑founded OpenAI in 2015 and left in 2018, later launching xAI and suing OpenAI in 2024, alleging he was misled during the company’s shift toward a for‑profit structure. OpenAI’s letter even linked the dispute to SpaceX’s confidential IPO filing and warned that Musk’s legal success could advantage xAI’s Grok — which is being investigated globally for generating sexually explicit deepfakes of women, including children, allegedly to boost usage ahead of an IPO. Chris Lehane, OpenAI’s chief global affairs officer, asked why “two of the top four wealthiest people, most powerful people in the world” are trying to stop a nonprofit from moving forward. Musk and Jared Birchall did not immediately respond to requests for comment.

Sources: cnbc.com