bbieron@platformeconomyinsights.com

Nvidia’s Massive Investment in OpenAI Raises Antitrust Concerns

Oct 1, 2025

Report from Reuters

In Brief – Nvidia’s giant business deal with OpenAI, with the market-leading AI chipmaker investing up to $100 billion in OpenAI, allowing the market-leading AI chatbot developer to buy millions of chips from Nvidia that will be housed in new datacenters, is likely to raise antitrust questions. Nvidia holds more than half of the market for the GPU chips that run AI data centers while ChatGPT is reported to hold 80% of the chatbot market. In the US, both company’s home market, the Trump Administration’s AI policy has been to promote investment and innovation through a deregulatory disposition, but Gail Slater, the top antitrust official in the US Department of Justice, recently said that protecting AI competition through antitrust enforcement is part of the President’s AI plan. Noting that AI-industry antitrust investigations begun last summer during the Biden Administration continue, Slater said, “the competitive dynamics of each layer of the AI stack and how they interrelate, with a particular eye towards exclusionary behavior that forecloses access to key inputs and distribution channels, are legitimate areas for antitrust inquiry.”

Context – AI regulation was in the ascendency in 2024. The EU enacted its huge AI Act, and the UK and Japan appeared to be moving in the direction of legislation. US, EU and UK antitrust regulators signed a joint statement on efforts to promote competition in AI. Each agency opened investigations of Microsoft’s relationship with OpenAI, and they began scrutinizing other deals between digital giants and AI startups. But momentum shifted last fall, with President Trump staking out a strong pro-industry position which is now reflected in his anti-regulatory AI Action plan. The UK and Japan have since stepped back from AI regulation, and the pace of the EU’s AI rules is now being criticized by European business leaders and noteworthy current and former government officials. The likelihood that US or UK regulators will meaningfully stand in the way of this deal is low, although both will likely show they are looking at it, while the EU, with its heightened focus on digital sovereignty, is a more likely wildcard. Market concerns with potentially circular financing and an AI infrastructure investment bubble will take precedence.

View By Monthly
Latest Blog
Federal Appeals Court Panel Upholds Florida Teen Social Media Law

Report from the Orlando Sentinel In Brief – A unanimous three-judge panel of the 11th Circuit Court of Appeals panel has ruled Florida’s law restricting minors’ social media accounts is likely constitutional and is allowing enforcement during remaining litigation. The...

The Federal Trade Commission is Investigating Anthropic and OpenAI

Report from the Wall Street Journal In Brief – Federal Trade Commission officials have said that the agency is investigating Anthropic and OpenAI over whether they have deceived consumers about potential harms from AI. The effort has reportedly been underway for weeks...

Polish Antitrust Regulator Presses Google on Media Payments

Report from Digital Watch In Brief – Poland’s competition regulator has opened an investigation of Google that accuses the search giant of abusing its market dominance in negotiations with news publishers over payments for the use of media article snippets in results...

White House SI Force Orders AI Companies to Quickly Report Incidents

Report from Silicon Valley In Brief – The White House, through its recently established Super Intelligence (SI) Force, has demanded “full transparency” and “immediate remediation” after Anthropic disclosed that its AI agents submitted false information to the...

California Enacts Law Regulating AI Use by Employers

Report from CNBC In Brief – California Governor Gavin Newsom (D) has signed SB 947, the No Robo Bosses Act, making California the first state to prohibit employers from relying solely on artificial intelligence to discipline or fire workers. Employers that heavily use...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required