MADRID, 8 Dic. (EUROPA PRESS) –
The UK Competition and Markets Authority (CMA) has opened a consultation period with interested parties to determine whether the partnership between Microsoft and OpenAI, including recent developments around the governance of the creator of ChatGPT, results in a relevant merger situation and, if so, the impact it could have on competition in the country.
In this sense, the CMA has highlighted that there have recently been a series of advances in the governance of OpenAI, some of which involved Microsoft, in light of which it has considered it necessary to open this consultation period to determine whether the association Microsoft/OpenAI “has resulted in a relevant merger situation and, if so, the potential impact on competition.”
Thus, the Authority will review whether the company has become an acquisition of control, that is, if one of the parties has material influence, de facto control or more than 50% of the voting rights over another entity, or a change in the nature of control of one entity over another.
This consultation period, called ‘invitation to comment’ (ITC) is the first part of the information gathering process by the CMA and is carried out before any opening of a formal phase 1 investigation, the British regulator has specified.
The CMA has been closely monitoring the impact of partnerships and strategic agreements that could result in a weakening of competition, noting that the partnership between Microsoft and OpenAI represents a close and multifaceted relationship between two companies with significant activities in foundational models (‘ foundation models’) and related markets.
“The invitation to comment is the first part of the CMA’s information gathering process and occurs before the start of any Phase 1 investigation, which would only happen once the CMA has received the information it needs from associated parties. “said Sorcha O’Carroll, Senior Director of Mergers at CMA.
At the end of November, OpenAI announced that Microsoft, the technology startup’s main shareholder, will play the role of non-voting observer on the new board of the company that created ChatGPT.
In a statement, the company confirmed the return as CEO of OpenAI of Sam Altman, after the fight for the leadership of the company, which initially resulted in the dismissal of the entrepreneur, as well as Mira Murati as technological director and Greg Brockman as president.
Likewise, the company ratified the composition of the company’s new board, made up of former Salesforce CEO Bret Taylor, former US Treasury Secretary Larry Summers and Adam D’Angelo, co-founder and CEO of Quora, the only survivor of the previous directory.
