A federal class-action lawsuit filed in California alleges that major AI developers, including OpenAI and Google, violated the Sherman Act by coordinating to slow the pace of technological advancement.
The tension between corporate safety pledges and the foundational principles of American antitrust law reached a new flashpoint this week. A federal class-action lawsuit, Buist v. Anthropic PBC, was filed on September 18, 2026, in the U.S. District Court for the Northern District of California. The complaint alleges that Anthropic, OpenAI, SpaceXAI, and Google entered into an illegal agreement to coordinate the pace of frontier AI development, a move the plaintiffs argue violates Section 1 of the Sherman Act. This litigation represents a pivotal moment for the judiciary, as it must decide if the pursuit of safety allows for the suspension of competitive market forces.
The lawsuit, brought by four paying subscribers including Florida attorneys Charles Buist and Nick Spetsas, centers on the concept of pacing. The plaintiffs contend that what the industry frames as a commitment to public safety is, in legal reality, a horizontal agreement to limit product improvement. By coordinating training compute limits and capability checkpoints, the suit argues these tech giants are artificially restricting the quality of products available to consumers. Under the Clayton Act, the plaintiffs seek class-action certification, injunctive relief, and treble damages, arguing that such coordination reduces the inherent value of the subscriptions they purchased.
Central to the evidentiary claims is a September 12, 2026, essay by Anthropic CEO Dario Amodei, which called for industry-wide coordination to regulate the speed of AI progress. The complaint alleges that Sam Altman of OpenAI, Elon Musk of SpaceXAI, and Demis Hassabis of Google DeepMind publicly signaled their agreement, effectively forming a pact that suppresses competition. From a constitutional standpoint, this case tests how courts will treat the intersection of emerging technology and legacy competition law. While the companies may argue that their coordination is a necessary exercise of corporate responsibility, the Sherman Act historically views any agreement between competitors to limit output or slow innovation with extreme skepticism.
This legal scrutiny of corporate coordination arrives as other sectors grapple with the reach of federal oversight. The U.S. Center for SafeSport reported a 125% increase in traffic to its disciplinary database following the launch of weekly updates, highlighting the growing demand for institutional transparency. Similarly, the No Surprises Act has reportedly reduced out-of-network emergency medical spending by as much as 52%, demonstrating the profound impact of federal statutory intervention on private market pricing. In both cases, the law serves as the primary mechanism for balancing institutional power against individual rights.
Simultaneously, the legal landscape regarding the 2020 election continues to shift. While major defamation suits filed by Dominion Voting Systems against figures like Rudy Giuliani and Sidney Powell were reportedly resolved in 2025 with dismissals with prejudice, other significant litigation remains active. Smartmatic’s $2.7 billion case against Fox News is still pending without a set trial date as of September 10, 2026, and recent reports indicate that Dominion may still be pursuing claims against other unspecified entities. These cases continue to test the boundaries of First Amendment protections versus the standards for defamation in the digital age.
As these cases move through the federal system, they reinforce a consistent theme: the law remains a fixed standard. Whether addressing the frontiers of artificial intelligence or the aftermath of election disputes, the courts are being asked to apply long-standing statutory interpretations to modern challenges. For originalists, the focus remains on ensuring that neither corporate safety pacts nor political grievances bypass the established rulebook of power. The judiciary’s role is not to facilitate industry-wide cartels in the name of safety, but to interpret the law as written to protect the liberty of the American consumer.
