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Judge scrutinizes Musk’s move to drop Apple from antitrust lawsuit involving OpenAI

Federal judge Mark Pittman ordered X and SpaceXAI to produce "any agreement or combination of agreements with Apple that relate to the resolution of Plaintiffs' claims against Apple in this litigation" after the two Musk companies moved to voluntarily dismiss with prejudice their antitrust claims against Apple while keeping claims against OpenAI. The order, first reported by POLITICO, responded to an emergency motion by OpenAI to compel production of the Apple agreement, and Pittman set a noon September 17 deadline for X and SpaceXAI to respond to OpenAI's motion. The underlying 2025 suit alleged Apple and OpenAI colluded to keep competing AI apps from gaining App Store visibility through their agreement to integrate ChatGPT into Siri and Apple Intelligence, claims both companies rejected.

by read1 min views1 publishedSep 16, 2026
Judge scrutinizes Musk’s move to drop Apple from antitrust lawsuit involving OpenAI
Image: 9To5Mac (auto-discovered)

Federal judge Mark Pittman wants details on any agreement that may have led Elon Musk’s companies to drop their antitrust claims against Apple. Here are the details.

Judge wants to see any Apple agreement #

Earlier this week, X and SpaceXAI submitted a motion to voluntarily dismiss with prejudice their claims against Apple in the case they brought against Apple and OpenAI last year.

According to the original filing, Apple and OpenAI were colluding to keep competing AI apps from gaining visibility on the App Store, as a result of their agreement to integrate ChatGPT into Siri and Apple Intelligence. Apple and OpenAI rejected the claims.

In its filing earlier this week, X and SpaceXAI said only that they had “resolved their claims in this Action against” Apple, stressing that they did not seek to dismiss their claims against OpenAI.

Now, as first reported by POLITICO, Judge Mark Pittman, who has been overseeing the case, has ordered X and SpaceXAI to provide the court with “any agreement or combination of agreements with Apple that relate to the resolution of Plaintiffs’ claims against Apple in this litigation.”

The order came in response to an emergency motion filed by OpenAI seeking to compel X and SpaceXAI to produce their agreement resolving the dispute with Apple. Pittman also ordered the companies to respond to OpenAI’s motion by noon on September 17.

You can read the full order below:

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