Judge Will Privately Review Apple Agreement in Musk Antitrust Case

Musk Apple

A federal judge will privately review agreements connected with Apple’s resolution of antitrust claims brought by Elon Musk’s X Corp. and SpaceXAI. The order follows an emergency request from OpenAI, which remains a defendant in the case after the Musk companies moved to drop their claims against Apple.

Judge Mark Pittman directed the companies to provide the court with any agreement or combination of agreements with Apple relating to the resolution. The review is in camera, meaning the judge sees the materials privately. That is different from ordering the terms to be released publicly or giving OpenAI unrestricted access.

What the order does and does not show

  • It does show: the court wants to examine agreements tied to Apple’s departure from the claims.
  • It does not show: that Apple admitted wrongdoing or paid a particular amount.
  • The case continues: the claims against OpenAI have not been dismissed.

X Corp. and SpaceXAI asked to dismiss their Apple claims with prejudice, which means those claims cannot simply be filed again. Their court filing said the claims against Apple had been resolved, but did not disclose terms. OpenAI then sought information, arguing that any agreement could affect the remaining litigation.

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The court’s private review is a procedural step, not a ruling on the antitrust allegations. It also does not turn a confidential agreement into a public Apple settlement. Reporting from Law360 describes the order and the parties’ positions; the underlying agreement remains nonpublic.

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