Published Date : 20/10/2025
A federal judge in Texas has ordered that the antitrust lawsuit filed by X and xAI against Apple and OpenAI must remain in Fort Worth, Texas, despite the companies' minimal connections to the area. The lawsuit accuses Apple of favoring OpenAI's ChatGPT on its App Store rankings and deprioritizing other competitors, such as xAI's Grok.
Judge Mark Pittman, in a sharply worded four-page order, encouraged the companies to consider relocating their headquarters to Fort Worth, given their preference for the antitrust lawsuit to be heard there. In a footnote, he even provided a link to the City of Fort Worth's Business Services unit website to help them get started with the relocation process.
Pittman's order implicitly criticizes the practice of forum-shopping, where plaintiffs choose specific judicial districts to increase their chances of favorable rulings. This tendency has been particularly noted in the Fort Worth division of the U.S. Northern District of Texas courts, which has fewer judges but a significantly busier docket compared to the Dallas division.
The judge pointed out that neither Apple nor OpenAI has a strong connection to Fort Worth, other than a few Apple stores. He wrote, 'And, of course, under that logic, there is not a district and division in the entire United States that would not be an appropriate venue for this lawsuit.'
X Corp. is headquartered in Bastrop, Texas, approximately 200 miles south of Fort Worth, while both Apple and OpenAI are headquartered in California. Musk's xAI acquired his social media company X in March in an all-stock transaction.
Despite the minimal connections, Pittman kept the case in the Fort Worth division. He noted that neither Apple nor OpenAI requested the case be moved before the judge's Oct. 9 deadline. 'The fact that neither Defendant filed a motion to transfer venue serves as a consideration for the Court,' Pittman wrote. 'And the Court 'respect[s]' Plaintiffs' choice of venue.'
However, Pittman expressed reservations about the decision. 'This case contains at best minimal connections to the Fort Worth Division of the Northern District of Texas,' he wrote. 'Possibly one of the strongest points made by Plaintiffs is the mere fact that 'Apple sell[s] iPhones [in this Division] (and many other products) and OpenAI offer[s] ChatGPT nationwide.''
Pittman also noted that the U.S. 5th Circuit Court of Appeals, which includes federal courts in Texas, has set a high bar for transferring venue. Last year, the 5th Circuit twice overturned Pittman's orders to transfer a lawsuit by trade groups representing large banks challenging a rule issued by the Consumer Financial Protection Bureau to Washington, D.C.
OpenAI declined to comment on the matter, referring a reporter to its public filings in the lawsuit. X and Apple did not immediately respond to a request for comment.
Musk's X and xAI filed the lawsuit in August, alleging an 'anticompetitive scheme' to maintain monopolies in artificial intelligence markets. The lawsuit claims that Apple favors OpenAI's ChatGPT on its App Store rankings and deprioritizes other competitors, such as xAI's Grok.
Earlier this month, a judge in Washington, D.C., blocked Musk's request to move the Securities and Exchange Commission's lawsuit over his alleged improper disclosure of his stake in Twitter to Texas. Musk renamed Twitter to X after purchasing the company.
Q: What is the main accusation in X and xAI's lawsuit against Apple and OpenAI?
A: The lawsuit accuses Apple of favoring OpenAI's ChatGPT on its App Store rankings and deprioritizing other competitors, such as xAI's Grok.
Q: Why did Judge Mark Pittman suggest that the companies relocate to Fort Worth?
A: Pittman suggested the companies relocate to Fort Worth due to their preference for the antitrust lawsuit to be heard there, despite minimal connections to the area.
Q: What is forum-shopping, and why is it criticized?
A: Forum-shopping is the practice of choosing specific judicial districts to increase the chances of favorable rulings. It is criticized because it can lead to an unfair advantage for plaintiffs.
Q: What did Pittman say about the connection of Apple and OpenAI to Fort Worth?
A: Pittman noted that neither Apple nor OpenAI has a strong connection to Fort Worth, other than a few Apple stores.
Q: What did the U.S. 5th Circuit Court of Appeals do in relation to Pittman's previous orders?
A: The U.S. 5th Circuit Court of Appeals twice overturned Pittman's orders to transfer a lawsuit by trade groups representing large banks to Washington, D.C.