Big Tech has found a creative way to gobble up AI startups without technically buying them. Elizabeth Warren and her colleagues would like a word.

A coalition of Democratic senators, including Warren, Ron Wyden, and Richard Blumenthal, sent a letter to the Federal Trade Commission and the Department of Justice on February 4 urging both agencies to scrutinize so-called “reverse acqui-hire” deals in the AI industry. The targets: Nvidia, Meta, and Google, three companies that have been hoovering up talent and resources from smaller AI firms through transactions that conveniently sidestep the merger review process.

The acqui-hire loophole, explained

Here’s how a traditional acquisition works: Company A buys Company B, regulators review the deal, and if it looks like it would crush competition, they can block it. Simple enough. An acqui-hire is more like Company A poaching Company B’s entire engineering team, licensing its technology, and absorbing its datasets, all without ever filing the paperwork that triggers antitrust review.

The senators’ letter characterizes these arrangements as “de facto mergers” that effectively concentrate market power in the hands of a few dominant players. Their concern is straightforward. If the largest tech companies can absorb the most promising AI startups through structural workarounds, the competitive landscape narrows without anyone at the FTC or DOJ ever getting to weigh in.