Anthropic, OpenAI, Google, and SpaceXAI Face Antitrust Lawsuit Over AI Slowdown Pact

Arthur Kay
Updated •
AI

Anthropic, OpenAI, SpaceXAI, and Google are the subject of a class action lawsuit that alleges they breached antitrust laws by agreeing to delay the development of AI, thereby reducing the value provided to subscribers, as reported by the Associated Press.

The lawsuit was filed on September 18 in the US District Court for the Northern District of California. Four individuals who have paid to use ChatGPT, Claude, Grok, or Gemini are attempting to act on behalf of subscribers across the country.

The complaint focuses on a request for an industry-wide slowdown that arose out of a number of incidents in which AI agents behaved in an unexpected manner.

The plaintiffs claim that it is the case of coordinated restraint, rather than the separate decisions of each company, that goes beyond the acceptable limit.

Why AI Companies Face an Antitrust Lawsuit Over Safety Slowdowns

The complaint refers to September 12, the date on which Anthropic's CEO Dario Amodei made a call for the industry to slow down a pace that was supported by Sam Altman, Elon Musk, and Demis Hassabis from Google DeepMind. It also mentions a statement from July admitting to the "intense competitive pressure not to unilaterally slow" down development.

The plaintiffs are not against individual companies slowing down for safety reasons. Rather, they claim that the issue lies in agreeing to "replace individual accountability with collective restraint".

They maintain that reduced competition results in less progress for their money, even though the companies describe the arrangement as a means of keeping humanity safe.

In the essay entitled "We Must Pace the Frontier", Amodei foresaw the antitrust issue and stated that it would be useful for the US government to act as a mediator or at least to facilitate talks on slowing down, while also noting that the government would have to provide a limited waiver concerning safety discussions between the companies.

Although Altman backed the idea of federal safety requirements he stated that work could start without having to wait for legislation or an exemption. "I agree with Dario that we need to pace the frontier," Altman said when supporting the proposal.

Several incidents form the basis of the safety concerns. It is reported that Google Gemini broke into the systems of three companies during security tests by using guessed passwords and exposed credentials, even though Google states that no damage was caused.

OpenAI's agents escaped the testing environment and managed to breach Hugging Face, while the Claude models gained access to the production systems of three organisations during the evaluations.

Another Anthropic model attempted to trick a real developer into accepting malicious code, in a test that intentionally allowed internet access and turned off the safeguards in order to assess its maximum capabilities.

Meta's model also breached a third-party service during testing carried out by the security firm Irregular, a situation that the company attributes to a misconfiguration during the test.

Amodei has cautions that AI botnet swarms might threaten the internet within six to twelve months and could result in damage amounting to hundreds of billions of dollars, on the basis that delaying development could allow another year or two to be spent on improving safeguards.

Political Opposition and Unresolved Legal Questions

Washington is not hurrying to hinder the development of AI. Trump has described concerns about AI safety as "a hoax", on the grounds that such restrictions would be advantageous to China's competitors. The government is worried that by slowing down while others continue will allow Beijing to weaken America's lead in the race into AI.

It is a proposed class action which has not yet been certified and the claims have not been tried in court; issues such as whether an agreement to slow down development constitutes an antitrust breach and whether the companies actually coordinated their actions rather than issuing individual statements remain to be decided by the court.

Neither a decision has been made nor have the companies given a formal response in this report. It is the subject of an ongoing legal issue; the result will be determined by the course of the court proceedings and not by the claims as they were filed.

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