The so-called gamer’s lawsuit filed vs the Microsoft – Activision deal is soon set to be dismissed.
This lawsuit is completely independent of the FTC lawsuit seeking to block the deal. As shared by Idas over at Resetera:
“MLex reports that the lawsuit from gamers has been dismissed and they’ll need to redraft their complaint.
Judge Jacqueline Scott Corley raised concerns about a lack of evidence/numbers, precise argument about the harm arising from the deal and the definition of the relevant markets.”
This is a completely separate lawsuit from the one filed by the FTC to block the deal, and is being presided upon by Judge Michael D. Chappell.
This lawsuit was filed by ten individuals, who identify as gamers who play Activision Blizzard games, including Call of Duty and World of Warcraft. As reported by AP, this suit was filed in December after the FTC lawsuit. However, there is more to this case than meets, the eye, as you will see below.
Florian Mueller, a game and app developer who has also had a lot of experience on the legal side of the games industry as an activist, shared his commentary on this situation on Twitter (edited for clarity):
“MLex apparently attended yesterday’s court hearing in San Francisco. The judge will soon grant a motion to dismiss the so-called gamers’ (actually lawyers’ and more appropriately losers’) lawsuit without prejudice, meaning it’s back to the drawing board. They can refile.
Why not “gamers” but “lawyers” or “losers”? Because it makes no economic sense for a gamer to sue Microsoft when the worst-case scenario is basically to buy an Xbox. Just a gamble by lawyers hoping to earn fees. (sic) those lawyers LOSE merger cases all the time.
Those lawyers/losers sought to piggyback on the
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