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Does EU Compliance Require Microsoft to Disclose OpenAI Investment as a Merger?

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The European Union is checking whether Microsoft’s investment in generative AI giant OpenAI is reviewable under the bloc’s merger regulations, it said today. “Finally, the European Commission is checking whether Microsoft’s investment in OpenAI might be reviewable under the EU Merger Regulation,” it added. Commenting in a statement, EU competition chief Margrethe Vestager said:Virtual worlds and generative AI are rapidly developing. They also told us there are no “particular concerns” the EU has identified yet vis-a-vis competition and generative AI as yet. Per the spokesperson, a transaction would be notifiable to the Commission under the EU Merger Regulation if it involves ” a change of control on a lasting basis”.