During a hearing held this week at the House of Representatives, FTC Chair Lina Khan was questioned (via DestinLegarie) by Diana Harshbarger, a Republican rep from Tennessee's first congressional district. Harshbarger asked the FTC Chair why they were siding with Sony, a dominant player in the high-end console market, over Microsoft on the Activision/Blizzard deal. Khan's response was rather evasive, though.
Harshbarger: I'd say we can all agree that competition law isn't supposed to protect a dominant player. In light of that, I find it curious that the FTC is taking action to protect Sony, which has 68% of the global market for high-end videogaming consoles, from competition and attempting to block Microsoft's proposed acquisition of Activision Blizzard. As you know, Sony has been the most vocal opponent of that deal, and remarkably, the FTC has sided with Sony. Can you explain why that seems to be a good idea?
Khan: This case also has been voted out and is in administrative proceedings, so I'll let the complaint speak for itself. I would say as a general matter, we always really benefit from hearing market participants across the board, including big players, but at the end of the day, we always make our own independent judgments based on the law and the facts.
The US Federal Trade Commission announced in early December its intention to sue to block Microsoft's $68.7 billion deal to acquire Activision Blizzard, on the grounds that it would allow the company to 'suppress competitors' on the consoles, subscription and cloud markets. For their part, Microsoft's lawyers reacted strongly right away by stating that the procedures violated the Due Process Clause of the Fifth Amendment, though they later softened that stance
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