In early December, the FTC attacked Microsoft with the ambition to derail the acquisition of Activision Blizzard by bringing the case to justice. The giant has prepared its defense and has just published
his answer.
The showdown continues
Among the various points raised by Microsoft, an important element emerged. According to Microsoft, the FTC Administrative Tribunal’s review of the case violates Article II of the United States Constitution:
These procedures are invalid because the structure of the Commission as an independent agency that exercises significant executive power, and the constraints associated with the removal of Commissioners and other officers of the Commission, violate Article II of the Constitution of the United States and the separation of powers.
Activision has also stepped up by publishing
his answer at the FTC. According to them, the FTC is blinded by “ ideological skepticism and loses sight of the fiercely competitive reality of the video game industry, as well as the guiding principles of United States antitrust laws:
The fact that the FTC ignores these consumer benefits and focuses on the supposed harms to deep-pocketed Xbox competitors betrays a fundamental disconnect between the FTC’s theories and the underlying purpose. antitrust laws, which is to protect competition, not competitors.
The FTC is asking this Court to shield the world’s largest video game companies from competition from Xbox, and thereby overturn antitrust law.
Blinded by ideological skepticism of high-value technology deals and complaints from competitors, the FTC not only lost sight of the realities of the fiercely competitive gaming industry, but also the guiding principles of the antitrust laws of our country.
Microsoft remains confident
Despite the virulence of the various exchanges, Microsoft hopes to find solutions. Brad Smith, president and vice-CEO of Microsoft, notably mentioned:
While we are confident in our case, we remain committed to finding creative solutions with regulators to protect competition, consumers and tech workers.
On the gamer side, many are hoping that this soap opera will end soon so that everyone can focus on releasing new games. Things should still change a lot at the beginning of next year, since several organizations will give their verdict in the next three months.
