Four paying subscribers to ChatGPT, Claude, Grok and Gemini filed a proposed class action on September 18 in the U.S. District Court for the Northern District of California, accusing Anthropic, OpenAI, SpaceXAI and Google of agreeing to slow improvements to their competing products. The 29-page complaint, Buist v. Anthropic, PBC, No. 3:26-cv-10693, alleges a violation of Section 1 of the Sherman Act and seeks treble damages, an injunction and a jury. The plaintiffs are Charles Buist and Nick Spetsas of Florida and Cheyenne Hunt and Christine Bullock of California, represented by Trial Lawyers for Justice, with Nicholas C. Rowley as lead counsel and Andrew T. Tutt signing. The docket shows assignment at intake to Magistrate Judge Nathanael M. Cousins. Bloomberg Law reported no immediate response from the defendants.
The plaintiffs build their case from the public exchange of September 12, treating Dario Amodei's essay as an offer and its endorsements as acceptances. Amodei announced the essay at 14:01 UTC; Elon Musk endorsed it an hour later; Sam Altman agreed at 16:30 UTC; and Demis Hassabis endorsed its direction at 22:59 UTC. Hassabis tied it to the FINRA-modelled standards body he had proposed on July 14, which could eventually coordinate development slowdowns. Paragraph 75 argues that public offers and acceptances can form an agreement just as private communications can, with the visible exchange assuring participants that their rivals were committed. The complaint reads Amodei's promise that coordination would let developers slow without losing commercial advantage as the economic function of an output cartel. It casts his embedded evaluators, intended to make pacing verifiable, as a means of policing defection.
The plaintiffs also plead a private history. Paragraph 55 alleges that representatives of Anthropic, OpenAI and Google below chief-executive level formed a working group in July that met regularly on a standards body. It cites The Information's September 13 account of continuing meetings and OpenAI policy chief Chris Lehane's September 15 confirmation of several weeks of discussions. From Altman's September 14 post, the plaintiffs take both the aim of slowing progress below its otherwise achievable pace and a decision to proceed without waiting for an antitrust exemption or legislation. They cite the July Pacing the Frontier statement's description of competitive pressure against unilateral slowdowns as evidence of motive. The complaint also cites OpenAI's question to Congress, covered here September 12, Amodei's request for a narrow waiver, and Altman's decision to proceed as evidence of awareness of antitrust risk. It says Congress granted no exemption. A separate section disclaims liability for petitioning lawmakers and uses that activity only as evidence of knowledge and intent, anticipating a Noerr-Pennington defence protecting government petitioning.
The plaintiffs characterise the alleged agreement as an output restriction operating through product quality and improvement. They plead three alternatives: a per se violation, meaning an inherently unlawful restraint among competitors; unlawfulness on a quick look; and unlawfulness under the fuller rule-of-reason analysis because less restrictive options exist, including independent evaluators, unilateral decisions and regulation. They define the market as paid consumer subscriptions to general-purpose frontier assistants and allege, on information and belief, that the defendants hold at least 80 percent of it in the United States. Subscribers allegedly pay the same price for products that improve more slowly than competition would otherwise produce, a quality-adjusted overcharge. The proposed class begins September 12. Paragraph 110 says the agreement's full effect on released products has not yet appeared because development cycles last months. It nevertheless alleges that incentives have already changed and, on information and belief, so have investment, training and release decisions.
The requested injunction would bar agreements with competitors on development, training or release pace; compute limits; using AI to improve AI; coordinated delays; capability checkpoints that restrict competition; and exchanges of sensitive information used to enforce such arrangements. Paragraph 151 preserves independent safety measures and slowdowns, independently retained evaluators, lawful safety research, compliance with government requirements, petitioning, and standards that do not restrict competition over pace. The complaint advocates public regulation and juries as sources of guardrails. Its car analogy makes the distinction concrete: manufacturers can keep passenger vehicles from reaching 300 miles per hour without agreeing with competitors to do so.
A relevant legal precedent, although not named in the complaint, is National Society of Professional Engineers v. United States. In 1978 the Supreme Court rejected a professional association's public-safety justification for banning competitive bidding. That decision does not make every safety collaboration unlawful. Marco Mari of Bocconi University invoked it on the CLS Blue Sky Blog the day before the filing, arguing that agreement on safety's importance leaves open who should determine how to secure it. Peter Henderson invoked it after the filing. The policy debate also has an academic history. Amanda Askell, Miles Brundage and Gillian Hadfield argued in 2019 that competitive pressure could lead companies to underinvest in safety and create collective-action problems. The complaint treats that pressure as motive for the alleged agreement. Jide Alaga and Jonas Schuett proposed evaluation-triggered coordinated pauses in 2023 while identifying antitrust compliance as an unresolved obstacle. Cullen O'Keefe's 2021 working paper argued that industry standards excluding unsafe AI could plausibly receive rule-of-reason scrutiny. That is an alternative to the per se approach the plaintiffs favour. Tutt's own 2017 proposal for an FDA for algorithms advocated federal review before deployment, consistent with the complaint's preference for public rules.
Henderson, an assistant professor at Princeton who teaches AI law, doubts that the statements and meetings alleged so far establish an agreement to pace, while acknowledging a real antitrust coordination problem. He expects subscribers' lost value to be difficult to prove and regards an injunction as the main risk. He also identifies a possible route through Section 708 of the Defense Production Act: federally approved voluntary industry agreements, with Justice Department and FTC participation, can receive limited antitrust protection. He considers that route unlikely given the President's recent statements. Samuel Hammond, director of artificial intelligence and chief economist at the Foundation for American Innovation, argues that the suit demonstrates the need for an affirmative antitrust defence even at the proposal stage. Jonathan Kanter told The Verge's Decoder the next morning that companies can deliver safe products without coordinating, and that an agreement to ease competitive pressure by slowing development could implicate antitrust law. Kanter ran the Justice Department's Antitrust Division under President Biden.
The plaintiffs' public statements emphasise safety rather than lost subscription value. Rowley told the Associated Press that leaving safety to private agreements among profit-seeking companies could expose humanity to catastrophic risk. Hunt, an attorney who worked on Big Tech accountability at Public Citizen, called for enforceable safety standards instead of private deals among industry leaders in an X post reproduced by Open. Senator Josh Hawley had opposed an exemption on September 15, and Senator Elizabeth Warren criticised the industry's request the next day as self-serving. Associate Attorney General Stanley Woodward addressed a narrower question at Fordham on September 17: the Washington Examiner reported that he saw cooperation on cybersecurity as not appearing anticompetitive and that DOJ was considering updated guidance. That is not an exemption for coordinated development slowdowns and would not bind a private suit. The docket reviewed on September 20 contained no defendant response.