ChatGPT Head of Product to Testify in Google Antitrust Case

Government Seeks Testimony from OpenAI's Nick Turley in Antitrust Case Against Google

The United States government is actively working to demonstrate significant obstacles to market entry faced by Google’s rivals as part of its ongoing antitrust litigation. To strengthen its position, the government intends to call upon Nick Turley, the head of product at ChatGPT, to provide testimony as a witness.

Google's Monopoly Status and Potential Penalties

Last August, a court delivered a pivotal decision, establishing that Google currently maintains a monopolistic hold on the search market. While Google is currently appealing this ruling, the Department of Justice is now focused on determining appropriate penalties. These could include the divestiture of Chrome or a decade-long prohibition on the release of any new browser products.

Gathering Evidence from Competitors

To reinforce its arguments, the DOJ is engaging with various companies that compete with Google, including OpenAI, Microsoft, and Perplexity. The Department is requesting the participation of key executives, such as Dmitry Shevelenko, Chief Business Officer at Perplexity, to offer their insights. (Confirmation of Shevelenko’s participation is still pending, as Perplexity has not yet responded to inquiries.)

Recent court documents confirm that Nick Turley, a leading executive from OpenAI responsible for ChatGPT’s product development, will appear as a witness supporting the U.S. government’s case.

Google's Response to Turley's Testimony

According to a legal filing submitted on January 16th, Google’s legal team stated, “Mr. Turley is a witness specifically selected by the Plaintiffs [the DOJ] to present testimony on behalf of OpenAI.”

Another filing, also dated January 16th, clarifies that “Mr. Turley is the OpenAI witness who will testify in support of the government during the Evidentiary Hearing.”

The precise timing of Mr. Turley’s testimony remains unspecified. However, it is anticipated that the U.S. government will question him regarding “the relationship between generative AI and Search Access Points, challenges to market entry and expansion, and data sharing practices,” as outlined in the filing. The DOJ has not yet detailed the specific questions it intends to pose to Turley. (These topics align with those planned for questioning Perplexity’s CBO.)

"Search Access Points" and ChatGPT's New Browser

The DOJ utilizes the term “search access points” to describe products like Google Chrome, which serve as gateways for users to access the web. It is noteworthy that ChatGPT launched its own AI-powered search browser in October 2024.

Document Dispute Between Google and OpenAI

In preparation for Turley’s testimony, Google issued a subpoena to OpenAI, requesting documents relevant to the case. This has led to a contentious dispute between the two companies concerning the scope of evidence OpenAI should provide.

In a January 16th legal filing, Google expressed criticism of OpenAI, alleging that it has produced “a remarkably limited number of documents.” OpenAI’s legal representatives responded by asserting that Google’s requests for documents from top executives, including CEO Sam Altman, appear to be a “deceptive tactic intended to harass OpenAI’s leadership.”

OpenAI has agreed to share certain documents from Turley’s work files, pertaining to OpenAI’s strategy for AI products, the integration of AI into search-related offerings, and its partnership with Microsoft, as indicated in a letter from OpenAI’s legal counsel.

Google's Concerns About Bias

Google contends that it requires access to a broader range of documents from additional executives, arguing that relying primarily on Turley’s testimony “would disadvantage Google” given that he is a witness “chosen” by the U.S. government, according to the filing.

Furthermore, Google is seeking documents from OpenAI that predate the November 2022 launch of ChatGPT, asserting that these materials “could potentially challenge Mr. Turley’s testimony regarding barriers to entry in ways that more recent documents would not.” OpenAI counters that older documents “cannot accurately reflect” the current state of the AI landscape.