Microsoft's actions following its acquisition of ZeniMax and Bethesda is "powerful evidence" in favor of preventing the company's purchase of Activision Blizzard, the Federal Trade Commission [FTC] said in a new filing ahead of the upcoming showdown over the agency's request for a preliminary injunction.
Last week, the FTC requested a restraining order temporarily blocking the $68.7 billion deal ahead of a hearing beginning on June 22. Leading up to this week's hearing, Microsoft, Activision, and the FTC were able to submit opinions on the matter.
In the FTC's document, the agency pointed to Microsoft's willingness to make games Xbox exclusive in its argument against the acquisition.
"Defendants put great stock in Microsoft's concerns about 'infuriating gamers' if it were to foreclose rivals' access to Activision content… But those same concerns did not stop the ZeniMax decision," the opinion reads in part.
Microsoft announced plans to acquire ZeniMax and its portfolio of studios in 2020. Following the deal's closure, we've seen Xbox games like last month's Redfall and the upcoming Starfield become Xbox exclusive. We've heard that Microsoft canceled a PlayStation 5 version of Redfall, pivoting instead to Xbox console exclusivity and Game Pass.
This statement from the FTC argues that the precedent set by the Bethesda acquisition means Microsoft could make Activision Blizzard games exclusive to Xbox platforms, despite Microsoft's persistent attempts to sign 10-year commitments for Call of Duty on other platforms.
The filing goes on to argue that the deal may "substantially lessen competition in high-performance consoles and all consoles." It also addressed the Switch, arguing that Nintendo's console should not be compared to
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