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Freeman [soylentnews.org] writes:

https://arstechnica.com/gaming/2023/06/ftc-xbox-exclusive-starfield-is-powerful-evidence-against-activision-deal/ [arstechnica.com]

For months now, Microsoft has sworn up [arstechnica.com] and down [arstechnica.com] that it has no interest in making Call of Duty exclusive to the Xbox if and when its proposed $69 billion Activision acquisition [arstechnica.com] is approved. But as the FTC's request for an injunction stopping that acquisition [arstechnica.com] heads toward opening arguments this week, the federal regulator cites one piece of what it calls "powerful evidence" that it can't trust Microsoft's assurances. In short, as the FTC puts it, "Microsoft's actions following its 2021 acquisition of ZeniMax speak louder than Defendants' words."
[..]
Rather than focusing on what it calls a "strained analogy" to ZeniMax, Microsoft would prefer the court look at Microsoft's purchase of Minecraft-maker Mojang, which has continued to publish the game on a variety of platforms after becoming part of Microsoft. This is a better analogy for Call of Duty, Microsoft writes, because Minecraft was similarly "an existing, multi-player, cross-platform franchise like COD."
[...]
Call of Duty is unlike Minecraft, the FTC argues, in part because Minecraft is available in largely the same form on mobile phones, tablets, and the Switch. "Even if Microsoft took Minecraft off of rival consoles and subscription and cloud gaming services, it would still be available for play on many other devices. The context for Call of Duty is very different."

Regardless, the FTC also argues that this manufactured categorization doesn't matter, because Microsoft's exclusivity decision applied to "all future ZeniMax games." While Microsoft said in 2021 [arstechnica.com] that "some" future Bethesda games would be Xbox exclusives, no Bethesda non-exclusives have been announced since then.

Previously:
US Moves to Block Microsoft's Activision Takeover [soylentnews.org] - 20230613
Microsoft and Activision Will Miss Their Contractual Merger Deadline [soylentnews.org] - 20230115
FTC Moves to Block Microsoft's Activision Acquisition [soylentnews.org] - 20221209
The Biggest Deal in Gaming is Under Fire From U.S. Senators [soylentnews.org] - 20220403

Related:
Microsoft Acquires ZeniMax Media and Bethesda Softworks for $7.5 Billion [soylentnews.org] - 20200921

Original Submission