Business – Chinese officials are evaluating a potential option that involves Elon Musk acquiring the U.S. operations of TikTok if the company fails to fend off a controversial ban on the short-video app, according to people familiar with the matter.
Beijing officials strongly prefer that TikTok remains under the ownership of parent ByteDance Ltd., the people say, and the company is contesting the impending ban with an appeal to the U.S. Supreme Court. But the justices signaled during arguments on Jan. 10 that they are likely to uphold the law. Senior Chinese officials had already begun to debate contingency plans for TikTok as part of an expansive discussion on how to work with Donald Trumpโs administration, one of which involves Musk, said the people, asking not to be identified revealing confidential discussions.
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A potential high-profile deal with one of Trumpโs closest allies holds some appeal for the Chinese government, which is expected to have some say over whether TikTok is ultimately sold, said the people. Musk spent more than $250 million supporting Trumpโs re-election, and has been tapped for a prominent role in improving government efficiency after the Republican takes office.
Under one scenario thatโs been discussed by the Chinese government, Muskโs Xโthe former Twitterโwould take control of TikTok US and run the businesses together, the people said. With more than 170 million users in the U.S., TikTok could bolster Xโs efforts to attract advertisers. Musk also founded a separate artificial intelligence company, xAI, that could benefit from the huge amounts of data generated from TikTok.
Chinese officials have yet to reach any firm consensus about how to proceed and their deliberations are still preliminary, the people said. Itโs not clear how much ByteDance knows about the Chinese government discussions or whether TikTok and Musk have been involved. Itโs also unclear whether Musk, TikTok and ByteDance have held any talks about the terms of any possible deal.
Musk and his representatives did not respond to a request for comment. Musk posted in April that he thinks TikTok should remain available in the U.S. โIn my opinion, TikTok should not be banned in the USA, even though such a ban may benefit the X platform,โ he wrote on X. โDoing so would be contrary to freedom of speech and expression. It is not what America stands for.โ
ByteDance and TikTok representatives didnโt respond to messages seeking comment. The Cyberspace Administration of China and Chinaโs Ministry of Commerce, government agencies that could be involved in decisions about TikTokโs future, also didnโt respond to requests for comment.
The talks in Beijing suggest that TikTokโs fate may no longer be in ByteDanceโs sole control, said the people. Chinese officials recognize they will face tough negotiations with the Trump administration over tariffs, export controls and other issues, and they see the TikTok negotiations as a potential area for reconciliation, they said.
The Chinese government holds a so-called golden share in a ByteDance affiliate that gives it influence over the companyโs strategy and operations. TikTok maintains that the control only applies to the China-based subsidiary Douyin Information Service Co., and has no bearing on ByteDance operations outside China. Still, Beijingโs export rules prevent Chinese companies from selling their software algorithms, like the one integral to TikTok. Because the Chinese government would have to approve of a sale that includes TikTokโs valuable recommendation engine, it has a significant voice in any possible deal.
TikTokโs U.S. operations could be valued at around $40 billion to $50 billion, Bloomberg Intelligence analysts Mandeep Singh and Damian Reimertz estimated last year. Thatโs a substantial sum even for the worldโs richest person. Itโs not clear how Musk could pull off such a transaction, whether it would require the sale of other holdings, or whether the U.S. government would approve. He paid $44 billion for Twitter in 2022, and is still paying off sizable loans.
Musk has a positive reputation among many ByteDance employees in China, according to a person familiar with the matter. He is seen as a very successful entrepreneur, who has experience engaging with the Chinese government through his Tesla Inc. business, the person added.
ByteDanceโs leaders have repeatedly said their priority is to fight U.S. legislation that requires the Beijing-based company sell or shut down the U.S. operations because of national security concerns. TikTokโs lawyers have argued the legislation violates free speech laws under the Constitutionโs First Amendment.
A majority of the Supreme Court justices suggested the security concerns take priority over free speech, although they have yet to issue a formal decision. President-elect Trump, who takes office Jan. 20, has sought to delay the TikTok banโwhich takes effect Jan. 19โso he can work on the negotiations. He has said he wants to โsaveโ the app and thereโs been speculation he could take last-minute action to sidestep the ban.
Musk is in a position to influence the China-U.S. relationship as the worldโs richest person with businesses that straddle the worldโs two largest economies. Tesla, where Musk is chief executive officer, erected a sprawling factory in Shanghai in 2019 and has since expanded the facility into the companyโs largest production base. The effort helped Tesla expand its market share in China despite tough local competition, and build goodwill with government officials.
While Trump is staffing his incoming administration with China hawks like Secretary of State nominee Marco Rubio, Musk has spoken out against some recent China trade policies, including the Biden administrationโs tariffs on Chinese electric vehicles.
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