Judge Keeps X's Antitrust Lawsuit Against Apple and OpenAI in Fort Worth, Encourages Companies to Relocate There

A federal judge in Fort Worth, Texas, has ruled that X and xAI’s antitrust lawsuit against Apple and OpenAI must remain in his court, despite minimal ties between the case and the Fort Worth division of the U.S. Northern District of Texas. Judge Mark Pittman issued a sharply critical, four-page order on Thursday, expressing skepticism about the plaintiffs’ choice of venue while humorously suggesting the companies relocate their headquarters to Fort Worth. The lawsuit, filed in August by Elon Musk’s X Corp. and its AI arm xAI, accuses Apple and OpenAI of colluding to maintain monopolies in the artificial intelligence market. Specifically, it alleges Apple favors OpenAI’s ChatGPT in App Store rankings while downplaying competing AI tools like xAI’s Grok. Judge Pittman noted that X Corp. is headquartered in Bastrop, Texas—about 200 miles south of Fort Worth—while Apple and OpenAI are based in California. He acknowledged the case has “at best minimal connections” to the Fort Worth division, which is known for its conservative judicial leanings and has become a favored venue for high-profile antitrust cases brought by plaintiffs with ties to conservative or populist figures. The judge pointed out that both Apple and OpenAI failed to file motions requesting a venue transfer by the October 9 deadline. While he respected the plaintiffs’ choice of venue, he emphasized that venue selection is not a matter of convenience or preference. “Venue is not a continental breakfast; you cannot pick and choose on a Plaintiff’s whim where and how a lawsuit is filed,” he wrote. Pittman also took a jab at the practice of forum-shopping, noting that the Fort Worth division’s docket is two to three times busier than Dallas’s, which has more judges. He even included a footnote directing the companies to the City of Fort Worth’s Business Services website, joking that it could help them “get the process started” for relocating. The judge’s decision is influenced by precedent. The 5th Circuit Court of Appeals, which oversees Texas federal courts, has set a high bar for transferring venue. Last year, it reversed two of Pittman’s attempts to move a case involving the Consumer Financial Protection Bureau’s credit card fee rule, calling his decisions an abuse of discretion. Despite his reservations, Pittman concluded that he lacked the authority to transfer the case, given the appellate court’s strict standards. He noted that the only significant connection to Fort Worth is that Apple sells iPhones in the district and OpenAI offers ChatGPT nationwide. OpenAI declined to comment, directing reporters to its public filings. X and Apple did not immediately respond to requests for comment. The case continues to draw attention not only for its high-stakes claims about AI competition but also for the broader debate over judicial venue and whether powerful companies can strategically choose courts based on perceived judicial bias.