U.S. regulators are taking a look at the creative hiring practices prevalent in the AI business, specifically the so-called acquihires made in recent years by Microsoft, Google, Nvidia, and Meta among others.
The deals have allowed the Big Tech players to on-board a startup’s team of AI experts without actually acquiring the startup. To wit: Meta’s $14.3 billion deal to nab Scale AI's founder and 49% of the company, and Microsoft’s 2024 licensing deal with Inflection AI that brought cofounder Mustafa Suleyman and his team to Microsoft.
Critics of the practice have long said the deals were a means of sidestepping antitrust scrutiny, since there is technically no acquisition for regulators to review. And on Friday, FTC Chairman Andrew Ferguson
told Bloomberg Television that the agency was “beginning to examine these acqui-hires to make sure they are not an attempt to get around” the rules.
Ferguson reportedly then went on to blame the Biden administration for overly aggressive antitrust enforcement, which he suggested had caused the companies to resort to the workarounds (It’s a curious logic, since the point of the current FTC review is, presumably, to be more aggressive about ensuring compliance with the rules.)
Could the FTC try to unwind some of these acquihire deals and essentially force the companies to fire their prized AI talent? This is one to watch in the coming months.
—AO