Paid Subscribers File Antitrust Class Action Against Anthropic, OpenAI, Google and SpaceXAI Over Coordinated AI Slowdown
Update (September 28, 2026): case mechanics and Washington's response now on the record — no procedural rulings yet. Per a detailed read of the 29-page complaint (FinanceFeeds):
- Case: Buist v. Anthropic, PBC, No. 3:26-cv-10693 (N.D. Cal.), filed September 18, 2026 by four paying subscribers (Charles Buist, Cheyenne Hunt, Christine Bullock, Nick Spetsas); one Sherman Act §1 claim and one Clayton Act §16 injunction claim; treble damages for a nationwide class of paid ChatGPT, Claude, Grok and Gemini subscribers from September 12, 2026 onward. Complaint pleads defendants hold "at least 80%" of U.S. paid frontier-AI subscriptions.
- Before Magistrate Judge Nathanael M. Cousins; summonses issued September 21. No MTD or response filed yet; no defendant had commented as of the filing weekend.
- The complaint's theory: the "agreement was 'proposed in public, accepted in public, and confirmed in public'" — Amodei's Sept. 12 essay We Must Pace the Frontier ("We must slow the pace at which we improve the capabilities of AI models"), Musk's "Dario is right," Altman's "I agree with Dario that we need to pace the frontier," and Google's role as architect: a July working group and a Hassabis-proposed "standards body 'modeled in part on the Financial Industry Regulatory Authority'" — which plaintiffs argue is just a trade association absent a statute (citing Silver v. NYSE and NSPE v. United States).
- Washington's response closes the escape route: "President Trump said on Saturday that he is forming an AI task force and has dismissed calls for regulation, AP reported, while Senator Josh Hawley said 'there is no world' in which he would grant 'the most powerful companies in the history of the world' an antitrust exemption to collaborate.1" FTC Chair Ferguson separately voiced "deep suspicion" of frontier duopolies seeking antitrust exemptions (see Federal AI Enforcement Posture: FTC Opens First Rogue-Agent Industry Investigation as DOJ Runs Formal Hugging Face Probe).
Original finding (Sept. 21): Filed Friday, September 18, 2026 in N.D. Cal., a federal antitrust class action accuses Anthropic, OpenAI, SpaceXAI (Elon Musk's AI company) and Google of illegally agreeing to slow development of ChatGPT, Claude, Gemini and Grok in the name of AI safety, shortchanging paid subscribers.
What it means: The suit converts the labs' public safety-coordination push into Sherman Act exposure before any formal coordination body exists — and the political branches have signaled no exemption is coming. The evidentiary record is entirely public statements so far ("no internal documents, no confidential witnesses, and no meeting minutes"), so the MTD fight will turn on whether public assents can constitute a §1 "meeting of the minds." The alleged ongoing cross-lab working group is the evidence to watch.
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An instance of There is no antitrust exemption for AI safety coordination. — The Sherman Act suit converts public safety-coordination pledges into collusion exposure while both political branches refuse any statutory exemption. ↩︎