OpenAI Accuses xAI of Spoliation in Antitrust Lawsuit, Seeks Forensic Review

OpenAI accused Elon Musk’s artificial intelligence firm xAI of systematically destroying evidence in an ongoing antitrust lawsuit, alleging the company mandated use of ephemeral messaging tools that auto-delete communications. In court filings dated February 2, 2026, OpenAI claimed this practice placed it at an “unfair disadvantage” by depriving it of critical discovery materials related to xAI’s claims. OpenAI requested a court order banning X and xAI employees from using such messaging platforms and asked for a neutral forensic examiner to assess the damage and recommend remedies. The filing stated that xAI failed to produce any internal communications—including emails, texts, Signal, or XChat messages—despite knowing its legal obligation to preserve evidence. Musk’s X Corp. and xAI sued OpenAI and Apple (AAPL) in August 2025, seeking billions over alleged anti-competitive practices involving iOS integration of ChatGPT. The case was allowed to proceed in November 2025 by a Fort Worth federal judge.