Microsoft files a rebuttal to the FTC's lawsuit to block its Activision deal, saying the deal won't hurt competition and that it isn't the top game developer
Software giant files documents opposing claims that transaction would harm competition in videogame industry
Microsoft’s response turns the dispute into a direct contest over whether owning Activision would let the company weaken rivals’ access to games or gaming distribution. That makes the deal a test of the FTC’s ability to intervene before a platform acquisition closes.
First-order effects
Microsoft formally places its competition defense before the FTC, while the agency must substantiate its allegation that the acquisition would suppress gaming competitors.
Sony’s proposed Call of Duty arrangement becomes a concrete part of Microsoft’s case that competitors can retain access to Activision content.
Second-order effects
Microsoft’s gaming rivals gain a clearer basis to press for enforceable access commitments, rather than relying on the companies’ general assurances about post-deal competition.
The FTC’s treatment of Microsoft’s arguments will shape how much weight game-access commitments carry in reviews of platform acquisitions.
Third-order effects
If such commitments become central to merger defenses, large game acquisitions may increasingly be judged on whether dominant platforms preserve contestable access to must-have content.
The case points toward more regulatory scrutiny of combinations that join game publishers with subscription, cloud, and console distribution, rather than review based only on a buyer’s claimed market rank.
The trend: Gaming consolidation is pushing competition policy toward the question of who controls access to major content across interconnected distribution platforms.
Microsoft has filed a response to the FTC's lawsuit challenging the Activision acquisition. In the response, Microsoft admits that “Xbox anticipates that three future [Bethesda] titles...will be exclusive to Xbox and PCs” 👀 these will be primarily single player games https://twit…
Microsoft claims FTC proceedings are unconstitutional. That June (or earlier) Supreme Court ruling looms large, I'd expect a lawsuit if they rule in favor of Axon. https://twitter.com/...
Imagine some console warriors being so full of themselves as to suggest Microsoft's FTC response, something signed and likely prepared with the supervision of Beth Wilkinson, former Oklahoma City Bombing Prosecutor, is insufficient or contains weak, non-useful arguments. 😂
Microsoft has filed a 37-page document responding to the FTC's Administrative Part 3 Complaint. Much of the document is Microsoft disagreeing with the FTC, however there are some interesting tidbits. https://s3.documentcloud.org/ ...
1/ Microsoft's opening statement to the FTC (the summary): A) MSFT has almost zero presence in mobile gaming. B) MSFT has repeatedly ensured #CallofDuty will remain on #Playstation. C) MSFT is acting on what anti-trust laws should encourage: lower prices, more options. https://tw…
In Microsoft 37pg response to the FTC Microsoft states the FTC approach to the ABK merger is unconstitutional and violates Articles II, III and their right to Equal Protection under the Fifth Amendment https://twitter.com/...
Microsoft responding to FTC reads like they've been listening to too many Xbox fanboys. Embarrassing that a Trillion dollar company couldn't bring itself to manage its own studios, IP's and get 3rd party content exclusive as well. Nintendo and Sony does it so well. $1T victims ht…
Microsoft responds to FTC case seeking to block Activision Blizzard deal, saying it wouldn't hurt competition A 37pg response https://fm.cnbc.com/... https://twitter.com/... https://twitter.com/...
On the ZeniMax flap, Microsoft is going with the claim that it never misled the EU about its intentions, though the FTC never said it did. Rather, the FTC said that Microsoft claimed it wasn't incentivized to take ZeniMax games exclusive.... and then did so with some https://twit…
Microsoft says what you'd expect: - Doesn't make $$ sense to take Call of Duty exclusive - Wants to find conditions that'd satisfy the FTC But, also: the structure of the FTC is unconstitutional and taking its case to its own administrative court is a violation of Article III htt…
That said, Microsoft's pretty chill. Anyone know a gaming giant up for trashing government agencies? Enter Activision: “the FTC has not only lost sight of the realities of the intensely competitive gaming industry, but also the guiding principles of our nation's antitrust laws” h…
Microsoft is quite literally tearing the FTC apart. If people are wondering why Microsoft isn't going into more detail, it's because the FTC's complaint is quite literally built on nothing, missing key components. It's downright embarrassing and lazy. https://twitter.com/...
Microsoft Gambles on ‘Nice Guy’ Strategy to Close Activision Megadeal Will argue it gives gamers more options at lower prices. How? Wasn't Xbox just talking about needing to raise prices?🧐 https://www.nytimes.com/...
President Brad Smith made it clear in a recent interview that Microsoft is taking a different path to close the $69 billion Activision deal. Unlike in the past, the software giant is now trying to make peace with its rivals and regulators to prove that https://mspoweruser.com/...…
Microsoft is trying to strike a balance between, on the one hand, seeming open to a settlement and, on the other, preparing to destroy the FTC's case in court. https://www.nytimes.com/...
Microsoft's president said the company is gambling on a “nice guy” strategy to close its $69 billion acquisition of Activision Blizzard, which federal regulators have sued to block. But Microsoft is also preparing to destroy the case in court. https://www.nytimes.com/...