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Microsoft’s multibillion-dollar investment in OpenAI could face EU merger probe

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Jaap Arriens | Nurphoto | Getty Images

Microsoft’s multibillion-dollar investment in artificial intelligence firm OpenAI could face a full-blown merger investigation in the European Union, EU officials signaled Tuesday.

 

The European Commission, which is the executive arm of the EU, said that it was embarking on a competition investigation looking at the markets for virtual worlds and generative artificial intelligence.

As part of its assessment, the Commission said that it wants to understand how competitive these markets are currently and gain insight on how competition law can help these fields.

The EU Commission also said it is “looking into some of the agreements that have been concluded between large digital market players and generative AI developers and providers” and singled out the Microsoft-OpenAI tie-up as a particular deal it will be studying.

“The European Commission is checking whether Microsoft’s investment in OpenAI might be reviewable under the EU Merger Regulation,” the Commission said in a statement on Tuesday.

Microsoft did not immediately respond to a CNBC request for comment.

The Commission said it has sent requests for information to “several large digital players” and is also seeking views from interested parties, which have until March 11 to submit responses.

“Virtual worlds and generative AI are rapidly developing,” Vestager said in a statement Tuesday. “It is fundamental that these new markets stay competitive, and that nothing stands in the way of businesses growing and providing the best and most innovative products to consumers.”

Microsoft has put billions of dollars into OpenAI, the firm behind the popular AI chatbot ChatGPT. The company has integrated some OpenAI technology into its Office, Bing, and Windows products and provides OpenAI with its own Azure cloud computing tools.

The Redmond, Washington-based technology giant first invested in OpenAI in 2019, contributing $1 billion in cash.

The company then grabbed headlines last year, when it reportedly poured a further $10 billion into OpenAI, with its total investment to date reportedly swelling to $13 billion.

News of the EU review comes after the U.K.’s Competition and Markets Authority announced in December that it was launching an initial review into Microsoft’s investment. The U.S. Federal Trade Commission is also reportedly assessing the tie-up, according to Bloomberg News.

The CMA said it is assessing whether Microsoft’s stake in AI created a “relevant merger situation,” citing “a number of developments in the governance of OpenAI, some of which involved Microsoft” as a primary source of concern.

Earlier in the year, OpenAI faced a period of tumult when its CEO Sam Altman was ousted from the board in a shock move. In a dramatic turn of events, ex-Twitch CEO Emmett Shear briefly took the top job, before being removed and replaced with Altman, while the board was given a makeover.

As part of that refresh, Microsoft added its own observer to sit on the board, leading to concerns that the company may be exerting control over OpenAI. For its part, Microsoft has sought to stressed that its designated board observer, who was recently named Dee Templeton, is a nonvoting member.

At the time of the CMA announcement, Microsoft said that it did not in any way hold equity ownership in OpenAI, while OpenAI said that it remained independent and operates competitively.

“Their non-voting board observer does not provide them with governing authority or control over OpenAI’s operations,” an OpenAI spokesperson told CNBC via email in December.

“While details of our agreement remain confidential, it is important to note that Microsoft does not own any portion of OpenAI and is simply entitled to share of profit distributions,” Frank Shaw, Microsoft Chief Communications Officer, said in a December statement.

At the heart of concerns is Microsoft’s close partnership and investment in OpenAI, which gives the Redmond titan access to one of the most advanced developers of AI tools today. OpenAI’s GPT-4 large language model can handle a rumored 25,000 words of input text — a big step up from the existing ChatGPT limit of 4,096 characters.

Academics have said that GPT-4 has demonstrated human-level performance in various academic exams, while some AI researchers and technologists have speculated GPT-4 may come close to artificial general intelligence, or AGI, which is meant to be as smart or smarter than humans.

– CNBC’s Hayden Field and Kif Leswing contributed to this report

 

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Tesla shares soar more than 14% as Trump win is seen boosting Elon Musk’s electric vehicle company

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NEW YORK (AP) — Shares of Tesla soared Wednesday as investors bet that the electric vehicle maker and its CEO Elon Musk will benefit from Donald Trump’s return to the White House.

Tesla stands to make significant gains under a Trump administration with the threat of diminished subsidies for alternative energy and electric vehicles doing the most harm to smaller competitors. Trump’s plans for extensive tariffs on Chinese imports make it less likely that Chinese EVs will be sold in bulk in the U.S. anytime soon.

“Tesla has the scale and scope that is unmatched,” said Wedbush analyst Dan Ives, in a note to investors. “This dynamic could give Musk and Tesla a clear competitive advantage in a non-EV subsidy environment, coupled by likely higher China tariffs that would continue to push away cheaper Chinese EV players.”

Tesla shares jumped 14.8% Wednesday while shares of rival electric vehicle makers tumbled. Nio, based in Shanghai, fell 5.3%. Shares of electric truck maker Rivian dropped 8.3% and Lucid Group fell 5.3%.

Tesla dominates sales of electric vehicles in the U.S, with 48.9% in market share through the middle of 2024, according to the U.S. Energy Information Administration.

Subsidies for clean energy are part of the Inflation Reduction Act, signed into law by President Joe Biden in 2022. It included tax credits for manufacturing, along with tax credits for consumers of electric vehicles.

Musk was one of Trump’s biggest donors, spending at least $119 million mobilizing Trump’s supporters to back the Republican nominee. He also pledged to give away $1 million a day to voters signing a petition for his political action committee.

In some ways, it has been a rocky year for Tesla, with sales and profit declining through the first half of the year. Profit did rise 17.3% in the third quarter.

The U.S. opened an investigation into the company’s “Full Self-Driving” system after reports of crashes in low-visibility conditions, including one that killed a pedestrian. The investigation covers roughly 2.4 million Teslas from the 2016 through 2024 model years.

And investors sent company shares tumbling last month after Tesla unveiled its long-awaited robotaxi at a Hollywood studio Thursday night, seeing not much progress at Tesla on autonomous vehicles while other companies have been making notable progress.

Tesla began selling the software, which is called “Full Self-Driving,” nine years ago. But there are doubts about its reliability.

The stock is now showing a 16.1% gain for the year after rising the past two days.

The Canadian Press. All rights reserved.

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S&P/TSX composite up more than 100 points, U.S. stock markets mixed

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TORONTO – Canada’s main stock index was up more than 100 points in late-morning trading, helped by strength in base metal and utility stocks, while U.S. stock markets were mixed.

The S&P/TSX composite index was up 103.40 points at 24,542.48.

In New York, the Dow Jones industrial average was up 192.31 points at 42,932.73. The S&P 500 index was up 7.14 points at 5,822.40, while the Nasdaq composite was down 9.03 points at 18,306.56.

The Canadian dollar traded for 72.61 cents US compared with 72.44 cents US on Tuesday.

The November crude oil contract was down 71 cents at US$69.87 per barrel and the November natural gas contract was down eight cents at US$2.42 per mmBTU.

The December gold contract was up US$7.20 at US$2,686.10 an ounce and the December copper contract was up a penny at US$4.35 a pound.

This report by The Canadian Press was first published Oct. 16, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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S&P/TSX up more than 200 points, U.S. markets also higher

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TORONTO – Canada’s main stock index was up more than 200 points in late-morning trading, while U.S. stock markets were also headed higher.

The S&P/TSX composite index was up 205.86 points at 24,508.12.

In New York, the Dow Jones industrial average was up 336.62 points at 42,790.74. The S&P 500 index was up 34.19 points at 5,814.24, while the Nasdaq composite was up 60.27 points at 18.342.32.

The Canadian dollar traded for 72.61 cents US compared with 72.71 cents US on Thursday.

The November crude oil contract was down 15 cents at US$75.70 per barrel and the November natural gas contract was down two cents at US$2.65 per mmBTU.

The December gold contract was down US$29.60 at US$2,668.90 an ounce and the December copper contract was up four cents at US$4.47 a pound.

This report by The Canadian Press was first published Oct. 11, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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