JOHN P. O’BRIEN, TECHNOLOGY ATTORNEY

AI Companies Spark Criticism for Cartel-Like Behavior

The biggest AI companies are sparking criticism (and in some cases, legal action) for their alleged coordination and antitrust activities. On the one hand, healthy competition is a major advantage for tech companies in the West, and it allows market forces to dictate winners and losers. On the other hand, some argue that the forces of capitalism seem strangely absent from the AI industry upon close examination. At what point exactly does the AI industry in the United States become a monopoly? What level of coordination is allowed, and when does it cross the line into unlawful behavior? This is a question that a technology lawyer in the United States may be able to help answer.

Major AI Companies Face Antitrust Lawsuit in the United States

On September 20, 2026, various sources reported that the biggest AI companies in the United States were facing an antitrust lawsuit. This lawsuit was filed by various paid users who had subscribed to the upgraded AI tools of OpenAI, Anthropic, SpaceXAI (Grok), and Google, and they are arguing that there has been a coordinated slowdown of AI development in the industry.

The evidence for this alleged coordinated slowdown seems to be completely in the open. The plaintiffs point to an essay published by the CEO of Anthropic on September 12, 2026, which called for a pullback on AI advancements. Various AI CEOs quickly voiced their support for this sentiment, including the leaders of OpenAI, SpaceXAI, and Google.

The plaintiffs also argue that these CEOs were planning a coordinated slowdown months earlier, pointing to a joint statement by senior employees acknowledging that they were under serious pressure to keep up the breakneck pace of AI development. This statement ended with a call to the entire world to support them in unilaterally putting the brakes on AI innovation.

The lawsuit makes it clear that there is nothing wrong with one particular company deciding to slow down its pace of development. However, the plaintiffs contend that when numerous major AI companies decide to do this at once, it constitutes antitrust behavior. From their point of view, the AI world is behaving like a cartel rather than a group of competing companies.

Do they have a point? When else might coordinated industry slowdowns constitute antitrust behavior? Perhaps the most obvious example comes from the oil industry, as coordinated slowdowns in this sector regularly trigger litigation. In fact, a lawsuit of this nature is progressing at the same time as the AI lawsuit, and it involves “frackers” in the United States allegedly coordinating to limit domestic shale oil production. In doing so, these companies (advertently or inadvertently) caused the price of their oil to skyrocket.

The difference between these two types of lawsuits is simple: Higher oil prices cause direct harm to consumers, while the effects of coordinated AI slowdowns are more complex. The obligation to pay more at the pump is something we instantly feel and understand, but how does reduced AI advancement cause harm? This is something that the plaintiffs in the aforementioned lawsuit will have to explain to the court.

The plaintiffs will almost certainly try to argue that their harm comes in the form of “opportunity cost.” Without access to the most innovative and advanced AI tools, these professionals and companies will miss out on new strategies, cost-saving methods, marketing techniques, and all of the other ways in which AI can improve a business.

Critics of this argument might point out that a different AI company could simply refuse to participate in the coordinated slowdown, continue to innovate, and offer their services to the plaintiffs. One notable example is Meta, a major player in the AI world. The CEO of this company has explicitly stated that his organization will not participate in a coordinated slowdown. Another example is the Chinese AI giant, DeepSeek, which has remained silent on this topic and is unlikely to participate in a coordinated slowdown.

However, the availability of alternative AI services does not make an antitrust lawsuit invalid. The mere fact that major competitors are coordinating a slowdown is enough to violate the Sherman Act. Even if there is a significant percentage of AI companies that refuse to participate, coordination on this scale may be illegal under US law.

Plaintiffs may also argue that they have become too accustomed to existing ecosystems to switch to competitors. Because these plaintiffs have already embedded the tools into their existing business models, other organizations who use AI tools not subject to coordinated slowdowns may race ahead. Instead of pointing to the availability of alternatives, the AI giants facing this lawsuit will instead highlight the importance of slowing down in the name of public safety.

The AI Industry May Be Struggling With Dangerous Levels of Coordination

Regardless of the outcome of this lawsuit, many argue that there are numerous additional signs of coordination within the AI industry. Certain sources, including Reuters, have openly accused this industry of engaging in something called “roundtripping,” which essentially involves shifting around income in a complex web and creating the illusion of profit.

An exceedingly common deal in the tech world today involves one company purchasing a major stake in another company. In return, the company receiving the money agrees to use it to purchase products sold by the first company. In other words, “I’ll give you $20 so you can buy $20 worth of products from me.” Someone else watching the transaction concludes that these two entities are profiting, and they purchase shares in both companies. It’s easy to see why such activities are making investors nervous.

Consult With John P. O’Brien to Learn More About AI Lawsuits

Whether your startup is currently facing an AI lawsuit or you are simply curious about the legal landscape of the tech industry, a consultation with John P. O’Brien could be helpful. With effective legal guidance, you can grow your AI startup in a sustainable, legally compliant manner. New antitrust lawsuits show that even the biggest AI companies are continuing to learn the true implications of their coordinated activities. The truth is that the courts have yet to decide what level of coordination is permissible in this industry. Contact John P. O’Brien at (732)-219-6641 for further guidance from an experienced technology lawyer in the United States. You can also contact our firm online.

About The Author

John P. O'Brien
John O’Brien is an Attorney at Law with 30+ years of legal technology experience. John helps companies of all sizes develop, negotiate and modify consulting contracts, licenses, SOWs HR agreements and other business related financial transactions. John specializes in software subscription models, financial based cloud offerings, and capacity on demand offerings all built around a client's IT consumption patterns and budgetary constraints. He has helped software developers transition their business from the on-premise end user license model to a hosted SaaS environment; helped software develop productize their application and represented clients in many inbound SaaS negotiations. John has developed, implemented and supported vendor lease/finance programs at several vendors. Please contact John for a free consultation if you or the organization you work for is tired of trying to develop, negotiate and/or modify contracts and tech agreements of any type.

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I am a legal professional specialized in helping companies of all sizes develop, negotiate and/or modify consulting contracts, licenses (in-bound or out-both), SOWs, HR agreements and other business related financial transactions. This experience provides a powerful resource in navigating the challenges tech companies and tech consumers face in growing their business, managing their risks and maximizing their profits.

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