xAI dismisses its Apple claims, with no terms disclosed and the OpenAI case still live

xAI and X Corp asked a Texas judge to dismiss their antitrust claims against Apple over the integration of ChatGPT into the iPhone, while keeping their monopolisation claims against OpenAI. The Digital Markets Act lists virtual assistants as a core platform service, no assistant has ever been designated, and the Commission’s April review declined to add AI as a new category.

xAI and X Corp have asked a federal judge in Texas to dismiss their antitrust claims against Apple, Bloomberg reported. The claims against OpenAI in the same case still stand.

Both companies are owned by Musk’s SpaceX. They sued in August 2025, seeking billions over Apple’s decision to build ChatGPT into the iPhone’s operating system. The case is X Corp et al v Apple, in Fort Worth.

Apple and OpenAI denied the claims and said the arrangement was never exclusive. OpenAI called the case part of a pattern of harassment by the man who co-founded it and left. A jury rejected a separate Musk claim against the company in May.

Nobody has said what was agreed. A voluntary dismissal is not a finding, and the filing sets out no terms.

Europe wrote a rule for this argument before anyone made it.

The Digital Markets Act lists virtual assistants among the ten services it can regulate, alongside operating systems, browsers and app stores.

No virtual assistant has ever been designated. In March, European commercial broadcasters asked the Commission to change that, seeking designation for smart television systems and for assistants including Siri.

Their letter went to Teresa Ribera and leaned on the qualitative route, the same one used to bring iPadOS inside the law without the user thresholds.

The Commission published its first review of the DMA on 28 April. It found the law “well-suited” to the rise of AI, said it saw no need to amend it, and did not add generative AI as a new category.

It said instead that it will further assess whether some AI services need to be designated as virtual assistants.

So the behaviour Musk alleged in Texas sits inside Europe’s categories and outside its enforcement. Apple has moved on anyway, paying Google around $1B a year for Gemini to run Siri, while OpenAI spent the spring preparing to sue Apple over the same partnership.

Apple sued OpenAI in July for trade secret theft, accusing the company and its hardware chief of a coordinated effort to take information about unreleased products.

That case is already costing OpenAI ahead of any verdict. The one European instrument written for this fight has not been pointed at anybody.