2023-06-22 00:18:38
The decision of Microsoft to keep the games Bethesda exclusives is “powerful evidence” once morest its offer to acquire Activision Blizzardaccording to the US antitrust agency, the Federal Trade Commission (FTCfor its acronym in English).
Earlier this month, the FTC succeeded in obtaining a temporary ban on the $68.7 billion takeover offer from Activision Blizzard by Microsoft. Now, ahead of an upcoming hearing on the application for the FTC of a preliminary injunction, the FTC has submitted more documentation on the matter.
In a new and heavily censored performance, the FTC refers to the acquisition of ZeniMax y Bethesda by Microsoft. The company stated that the decision to Microsoft to make exclusive the games of ZeniMax it is “powerful evidence of incentives for exclusion”.
“The actions of Microsoft following its acquisition of ZeniMax in 2021 they speak louder than Defendants’ words,” the filing reads.
“Defendants are very reliant on the concerns of Microsoft regarding ‘angering players’ if it excluded competitors’ access to the content of Activision…But those same concerns did not stop the decision to ZeniMax“.
In simple terms, this declaration of the FTC argues that the precedent set by the earlier acquisition of ZeniMax y Bethesda by Microsoft means that the company might well make the games of Activision Blizzard on the platforms of Xbox in the future.
This is something that Microsoft has repeatedly claimed that it wouldn’t happen, as the company has signed deals with companies like Nintendo, Steam y Nvidia in an attempt to carry titles such as Call of Duty to a wider audience.
The presentation went on to address attempts to Microsoft to appease the agency, stating:
“Defendants attempt to distinguish Redfall y Starfield of Call of Duty because those games do not ‘have substantial multiplayer gameplay’ or lack ‘existing cross-platform gaming communities’”.
However, he noted that this distinction “had no role in the decision to ZeniMax of Microsoftwhich was applied to all future games of ZeniMax“.
He went on to say:
“The decision of ZeniMax of Microsoft is powerful evidence of the incentives of Microsoft here and should cause this Tribunal to pause significantly in considering Defendants’ assertions that ‘Microsoft intends to operate Activision similarly to other recent acquisitions…’”.
In the UK, Microsoft is preparing its case for the Competition Appeals Tribunal, which has a preliminary start date of July 24. Even if a judge sides with Microsoftthe decision will still have to be reviewed by the Competition and Markets Authority.
Meanwhile, earlier this month, the head of XboxPhil Spencer, said he still hoped the deal would finally go through, though he admitted it was getting “attention”.
Via: Eurogamer
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