Germany: Issued Federal Cartel Office decision in the investigation into Microsoft and OpenAI cooperation compliance with merger control Law

On 15 November, the German Federal Cartel Office issued a decision in the investigation into Microsoft and OpenAI cooperation and whether it was subject to merger control Law. The Federal Cartel Office stated that Microsoft's investment in OpenAI and the cooperation between the two companies are not subject to merger control in Germany. If Microsoft were to expand its influence on OpenAI in the future, it would have to be re-examined whether a merger control notification obligation exists. As the companies are not considered to be related under antitrust Law, their cooperation must be assessed according to the requirements of antitrust Law.