OpenAI Accuses xAI of Evidence Destruction in Ongoing Antitrust Battle
In a significant development within the tech industry, OpenAI has leveled serious allegations against Elon Musk’s artificial intelligence venture, xAI, accusing the company of deliberately destroying evidence pertinent to an ongoing antitrust lawsuit. This legal confrontation centers around claims that OpenAI’s collaboration with Apple has unfairly impeded xAI’s AI chatbot, Grok, from achieving top rankings in Apple’s App Store.
Background of the Dispute
The roots of this legal battle trace back to August 2025, when xAI initiated a lawsuit against OpenAI and Apple. xAI contended that the partnership between OpenAI and Apple created an environment where Grok could not secure the number one position in the App Store rankings. This lawsuit followed Musk’s public criticism of Apple’s integration of ChatGPT into iOS 18, which he argued disadvantaged competing AI applications.
Allegations of Evidence Destruction
On February 3, 2026, OpenAI filed a court document accusing xAI of employing ephemeral messaging applications—platforms designed to automatically delete messages after a set period—to obliterate evidence relevant to the antitrust proceedings. OpenAI’s filing asserts that xAI’s use of these message-destruction tools was intentional, aiming to eliminate critical information that could influence the lawsuit’s outcome.
Destroying evidence was the whole point, OpenAI stated, emphasizing that such actions place OpenAI and other defendants at a significant disadvantage in the litigation process.
Claims of Withholding Documents
Beyond the destruction of evidence, OpenAI alleges that xAI has failed to produce essential documents related to the case. According to OpenAI, xAI has not provided any non-public documents that substantiate their allegations or could assist OpenAI in its defense. The filing highlights the absence of emails, text messages, Signal messages, or XChat messages from xAI, suggesting a deliberate effort to withhold information.
OpenAI’s Legal Requests
In response to these allegations, OpenAI is seeking a court order to prohibit xAI employees from using ephemeral messaging applications in the future. Additionally, OpenAI has proposed the appointment of a neutral forensic inspector to investigate the matter thoroughly.
xAI’s Legal Maneuvers
In the course of the lawsuit, xAI has made several legal requests, including access to OpenAI’s source code and compelling former OpenAI Head of Alignment, Jan Leike, to provide documentation for discovery. Both requests were denied by the court. The court determined that OpenAI’s source code was not pertinent to xAI’s claims and fell outside the scope of discovery. Similarly, the court found that Mr. Leike’s documents were neither relevant nor proportional to the needs of the case.
Implications for the Tech Industry
This legal confrontation underscores the intense competition and complex dynamics within the artificial intelligence sector. The outcome of this case could have far-reaching implications for how AI companies collaborate, compete, and navigate legal challenges in an increasingly crowded marketplace.
Conclusion
As the lawsuit progresses, the tech community watches closely to see how these allegations and legal strategies will unfold. The case highlights the critical importance of transparency, ethical conduct, and adherence to legal standards in the rapidly evolving field of artificial intelligence.
