Judge Agrees Microsoft Might Not Keep Its Promises But Dismisses Gamers' Lawsuit Trying To Block Activision Sale
«Why would Microsoft make Call of Duty exclusive to its platforms thus resulting in fewer games sold?»
By Eddie Makuch on
A judge has dismissed a class-action lawsuit brought forth by regular everyday gamers that was attempting to block Microsoft's proposed purchase of Activision Blizzard and the Call of Duty series.
District judge Jacqueline Scott Corley handed down judgment on Monday, saying the plaintiffs failed to make their case based on the rule of law. «The complaint does not plausibly allege the merger creates a reasonable probability of anticompetitive effects in any relevant market,» Corley said.
The judge took issue with alleged concerns that Microsoft's buyout would have «anticompetitive effects» by making games like Call of Duty exclusive to Microsoft platforms.
«While plaintiffs allege Microsoft might obtain the ability to make Activision's games exclusive, and they assert Microsoft would have an incentive to do so, they do not make any factual allegations that support the conclusory incentive assertion. Why would Microsoft make Call of Duty exclusive to its platforms thus resulting in fewer games sold?» Corley said. «What is it about the console market or PC games market and Microsoft's position in those markets that makes it plausible there is a reasonable probability Microsoft would take such steps.»
This is what Microsoft itself has been saying for a long time, which is that it makes no business sense to remove Call of Duty from PlayStation.
Corley also took issue with the allegation that a merger could lead to higher prices, less innovation, less creativity, less consumer choice, decreased output, and other anticompetitive effects. The plaintiffs' claim was «insufficient,» Corley said, adding that the
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