›

Howdy, Stranger!

It looks like you're new here. If you want to get involved, click one of these buttons!

Sign In Register

Quick Links

Microsoft Claims FTC's Lawsuit To Stop Activision Blizzard Purchase Is Unconstitutional | MMORPG.com

SystemSystem Member UncommonPosts: 12,599
edited December 2022 in News & Features Discussion

imageMicrosoft Claims FTC's Lawsuit To Stop Activision Blizzard Purchase Is Unconstitutional | MMORPG.com

In a repose today to the FTC's lawsuit against Microsoft for its designs to purchase Activison Blizzard, the tech giant has claimed that the approach by the Federal Trade Commission violates the company's constitutional rights.

Read the full story here


«1

Comments

  • DattelisDattelis Member EpicPosts: 1,675
    Honestly, Microsoft will still eventually win this, but it'll take YEARS just like the deal with AT&T and Warnermedia.
  • giantessfangiantessfan Member UncommonPosts: 185
    Dattelis said:
    Honestly, Microsoft will still eventually win this, but it'll take YEARS just like the deal with AT&T and Warnermedia.
    Yeah they are going to win if they decide to take it to court but they could decide to drop it. Right now the FTC still hasn't officially filed paperwork to formally sue. I think right now Microsoft is just trying to strong arm the FTC. Basically tell them you don't want to get into a fight.

    Talk is talk. If the FTC files paperwork to a judge it will be interested to see what MS response is then. If I was them I would back off.

    It will be interesting either way to see what happens going forward. Both parties want this deal to go through badly. Sony may be kicking a hornets nest if it fails. There is nothing stopping Activision from treating Sony like crap anyway if the deal falls through. I could see a future where even if Xbox loses then Activision is still treated a lot like there company. The two working together closely like Sony with Square Enix
    McSleaz
  • DattelisDattelis Member EpicPosts: 1,675
    edited December 2022

    giantessfan said:


    Dattelis said:

    Honestly, Microsoft will still eventually win this, but it'll take YEARS just like the deal with AT&T and Warnermedia.


    Yeah they are going to win if they decide to take it to court but they could decide to drop it. Right now the FTC still hasn't officially filed paperwork to formally sue. I think right now Microsoft is just trying to strong arm the FTC. Basically tell them you don't want to get into a fight.

    Talk is talk. If the FTC files paperwork to a judge it will be interested to see what MS response is then. If I was them I would back off.

    It will be interesting either way to see what happens going forward. Both parties want this deal to go through badly. Sony may be kicking a hornets nest if it fails. There is nothing stopping Activision from treating Sony like crap anyway if the deal falls through. I could see a future where even if Xbox loses then Activision is still treated a lot like there company. The two working together closely like Sony with Square Enix



    I'm assuming its just a stall tactic to get MS to pay more upfront even if they were trying to get certain things on a more exclusive offer. A case like this could easily spend 3+ years in court until things conclude and if you're looking at what Activision-Blizzard potentially has in the pipeline during that time, MS would be paying pretty heavily on a game by game basis for at the very least a timed exclusive. This would also affect their plans on potentially garnering that supposed Acti-Blizz mobile revenue that MS publicly stated was a lead motivator for the deal when it was first announced. All in all, it just looks like Sony is trying to be petty (I'm assuming over certain exclusive titles MS announced a while back, like Starfield and TES6 for example) and doesnt mind trying to delay this out as long as they can. I'm sure Nintendo doesn't mind much either.
  • VrikaVrika Member LegendaryPosts: 7,989
    edited December 2022
    giantessfan said:

     There is nothing stopping Activision from treating Sony like crap anyway if the deal falls through. I could see a future where even if Xbox loses then Activision is still treated a lot like there company. The two working together closely like Sony with Square Enix
    Sony and Square Enix work together closely because Sony offers Square Enix enough financial incentives to give Sony exclusivity.

    If this deal fails Microsoft could try similar arrangement with Activision Blizzard, and Activision Blizzard would likely agree as long as they get adequate compensation for lost Sony sales out of Microsoft's pockets. But Sony and their sales are big enough that Sony doesn't have to worry about Activision Blizzard treating them badly just to spite them.
     
  • giantessfangiantessfan Member UncommonPosts: 185
    edited December 2022
    Dattelis said:



    Dattelis said:

    Honestly, Microsoft will still eventually win this, but it'll take YEARS just like the deal with AT&T and Warnermedia.


    Yeah they are going to win if they decide to take it to court but they could decide to drop it. Right now the FTC still hasn't officially filed paperwork to formally sue. I think right now Microsoft is just trying to strong arm the FTC. Basically tell them you don't want to get into a fight.

    Talk is talk. If the FTC files paperwork to a judge it will be interested to see what MS response is then. If I was them I would back off.

    It will be interesting either way to see what happens going forward. Both parties want this deal to go through badly. Sony may be kicking a hornets nest if it fails. There is nothing stopping Activision from treating Sony like crap anyway if the deal falls through. I could see a future where even if Xbox loses then Activision is still treated a lot like there company. The two working together closely like Sony with Square Enix



    I'm assuming its just a stall tactic to get MS to pay more upfront even if they were trying to get certain things on a more exclusive offer. A case like this could easily spend 3+ years in court until things conclude and if you're looking at what Activision-Blizzard potentially has in the pipeline during that time, MS would be paying pretty heavily on a game by game basis for at the very least a timed exclusive. This would also affect their plans on potentially garnering that supposed Acti-Blizz mobile revenue that MS publicly stated was a lead motivator for the deal when it was first announced. All in all, it just looks like Sony is trying to be petty (I'm assuming over certain exclusive titles MS announced a while back, like Starfield and TES6 for example) and doesnt mind trying to delay this out as long as they can. I'm sure Nintendo doesn't mind much either.
    Funny thing is that when MS bought Bethesda, Sony was in talks about getting Starfield as an exclusive to PS5. They were all but done working out a deal. This has been confirmed numerous times. 

    I think it is Sony being Petty. They have missed out on a lot of exclusives they wanted. I have no doubt that if MS hadn't of bought Zenimax we could have maybe even seen Redfall be an exclusive for Sony. 

    It kind of proves why MS shouldn't be allowed to buy Activision. Xbox likes to get games on Gamepass sure but Sony likes to just buy exclusive deals and tell publishers to not publish on Xbox. 
  • AeanderAeander Member LegendaryPosts: 8,060
    Sorry, no sympathy. We shouldn't be encouraging a creatively bankrupt titan to purchase existing franchises just because their own first party studios are comically incompetent.
    cheyaneashiru_1978Phoenix_Hawkgastovski1
  • giantessfangiantessfan Member UncommonPosts: 185
    edited December 2022
    Aeander said:
    Sorry, no sympathy. We shouldn't be encouraging a creatively bankrupt titan to purchase existing franchises just because their own first party studios are comically incompetent.
    Sure but no one one would be complaining if Sony were buying Activision. Ok, sure a group of people would but for the most part everyone would be ok with it.

    The only reason why people care at all and saying its not fair is because its Xbox and more people have a Playstation

    I also find PS way more creatively bankrupt. They make the same gave over and over again with a fresh coat of paint. GoW, Last of Us, Spider-man, Ghosts of T, etc...

    All of these games follow really the same structure just with a different story. I also don't care for there stories either. Spider-man and GoW (2018), and Ghosts being really it
  • AeanderAeander Member LegendaryPosts: 8,060
    giantessfan said:
    Aeander said:
    Sorry, no sympathy. We shouldn't be encouraging a creatively bankrupt titan to purchase existing franchises just because their own first party studios are comically incompetent.
    Sure but no one one would be complaining if Sony were buying Activision. Ok, sure a group of people would but for the most part everyone would be ok with it.

    The only reason why people care at all and saying its not fair is because its Xbox and more people have a Playstation
    It would be bad either way. But yes, it is actually worse for the consumer when franchises are split away from the platform with their existing cultivated audience, and we shouldn't pretend otherwise.

    And no, I don't have a dog in this race, nor in the Bestheda one. I don't like these studios. But I know I won't be happy when they come for one of mine.
  • giantessfangiantessfan Member UncommonPosts: 185
    Aeander said:
    giantessfan said:
    Aeander said:
    Sorry, no sympathy. We shouldn't be encouraging a creatively bankrupt titan to purchase existing franchises just because their own first party studios are comically incompetent.
    Sure but no one one would be complaining if Sony were buying Activision. Ok, sure a group of people would but for the most part everyone would be ok with it.

    The only reason why people care at all and saying its not fair is because its Xbox and more people have a Playstation
    It would be bad either way. But yes, it is actually worse for the consumer when franchises are split away from the platform with their existing cultivated audience, and we shouldn't pretend otherwise.

    And no, I don't have a dog in this race, nor in the Bestheda one. I don't like these studios. But I know I won't be happy when they come for one of mine.
    I do have a dog in this race. I don't really like gaming on the PC, save for MMO's, so I am a console user. I really, have never, cared for PS. So I have been an Xbox gamer since the Xbox One. 

    It sucks when one company (Sony) is just buying out exclusive rights after exclusive rights and I either have to get a console I don't want or play on Xbox. Sure that won't change. I honestly do not play Activision games. At least not a lot of them where it will matter to met.

    However, this deal could see Xbox having a bigger marker share as they become the #2 company afterwards. That could make it harder for Sony to buy these exclusive deals as then Square and the like will have to factor in more copies lost if an exclusive deal is made
  • HerithiusHerithius Member UncommonPosts: 277
    I'm hopeful that this deal will go through. Worst case Microsoft pivots the whopping 67 billion and maybe starts 10 top tier AAA studios with 6+ billion budgets each.

    With the amount of insane cash at Microsoft's disposal it's surprising they are 3rd for the last 20 years.
  • [Deleted User][Deleted User] Posts: 927
    The user and all related content has been deleted.
    Sometimes we need fantasy to survive reality 
    https://biturl.top/rU7bY3
    Beyond the shadows there's always light
  • ScotScot Member LegendaryPosts: 24,427
    edited December 2022
    There is surreal feeling when the only news you have heard about the US constitution over the last few years involves the owning of firearms and a gaming company take over. :)
  • [Deleted User][Deleted User] Posts: 927
    edited December 2022
    The user and all related content has been deleted.
    Sometimes we need fantasy to survive reality 
    https://biturl.top/rU7bY3
    Beyond the shadows there's always light
  • achesomaachesoma Member RarePosts: 1,768
    It's just video games ffs. All I want is WoW on Game Pass. Now I have to wait another 5 years.

    Meanwhile, Kroger and Albertsons are merging so most of US will get food from a single corporation. What could go wrong.
    McSleaz
    Preaching Pantheon to People at PAX PAX East 2018 Day 4 - YouTube
  • AngrakhanAngrakhan Member EpicPosts: 1,839

    achesoma said:

    It's just video games ffs. All I want is WoW on Game Pass. Now I have to wait another 5 years.



    Meanwhile, Kroger and Albertsons are merging so most of US will get food from a single corporation. What could go wrong.



    I dunno. I'd only be worried about that if one big billionaire like say Bill Gates or someone on that level bought up all the farmland to go with so that between the two they could cartel the whole food industry. But something like that could never happen..........
    McSleazPhoenix_Hawkgastovski1
  • MarknMarkn Member UncommonPosts: 308
    Its funny the FTC is protecting the company with the bigger market share here and claiming they're blocking MS for competitive reasons. Blocking this deal is anti competitive by keeping competition so far behind the market leader in this area.


    MS will win this and it wont be 3+ years. They will likely take this right to federal court and try to avoid the administrative judges in the FTC which is a corrupt process and unconstitutional. Even if the judge rules for MS the appeal in the administrative process is heard by the same people that voted to block the transaction in the first place.
  • FrodoFraginsFrodoFragins Member EpicPosts: 6,057
    I have a feeling a lot of people calling for the deal to be blocked would be singing a different tune if it was Nintendo or Sony buying Activision.
    McSleazNanfoodle
  • FrodoFraginsFrodoFragins Member EpicPosts: 6,057
    achesoma said:
    It's just video games ffs. All I want is WoW on Game Pass. Now I have to wait another 5 years.

    Meanwhile, Kroger and Albertsons are merging so most of US will get food from a single corporation. What could go wrong.
    Albertsons and Kroger combined is still smaller than Walmart's grocery business.

    https://www.factoftheday1.com/p/august-16-grocery-market-share-q1
    achesoma
  • ashiru_1978ashiru_1978 Member RarePosts: 818

    Aeander said:

    Sorry, no sympathy. We shouldn't be encouraging a creatively bankrupt titan to purchase existing franchises just because their own first party studios are comically incompetent.



    Microsoft is buying Activision.

    Translation:

    Incompetent bozos are buying another bunch of incompetent bozos.
  • NeoyoshiNeoyoshi Member RarePosts: 1,489
    When will this end?


    Fishing on Gilgamesh since 2013
    Fishing on Bronzebeard since 2005
    Fishing in RL since 1992
    Born with a fishing rod in my hand in 1979
  • [Deleted User][Deleted User] Posts: 927
    The user and all related content has been deleted.
    Sometimes we need fantasy to survive reality 
    https://biturl.top/rU7bY3
    Beyond the shadows there's always light
  • [Deleted User][Deleted User] Posts: 927
    The user and all related content has been deleted.
    Sometimes we need fantasy to survive reality 
    https://biturl.top/rU7bY3
    Beyond the shadows there's always light
  • OG_SolareusOG_Solareus Member RarePosts: 1,041
    Think the data collection MS does is unconstitutional.
    SensaiNeoyoshi
    F2P or DIE !
  • NanfoodleNanfoodle Member LegendaryPosts: 10,901

    Markn said:

    Its funny the FTC is protecting the company with the bigger market share here and claiming they're blocking MS for competitive reasons. Blocking this deal is anti competitive by keeping competition so far behind the market leader in this area.





    MS will win this and it wont be 3+ years. They will likely take this right to federal court and try to avoid the administrative judges in the FTC which is a corrupt process and unconstitutional. Even if the judge rules for MS the appeal in the administrative process is heard by the same people that voted to block the transaction in the first place.



    It's only in the FTC administrative court. This will move faster then most expect.
  • Superman0XSuperman0X Member RarePosts: 2,292
    This is part of a larger movement... and sadly there is now precedent. The US Supreme Court ruled that the SEC did not have the constitutional ability to both judge and execute a judgement against the companies that it regulated. The ruling concluded that the SEC had to go though the civil/criminal courts (run by the DOJ) to get a ruling that it could enforce. This same ruling is now being applied to other federal agencies (such as the FTC). Technically Microsoft has very good legal grounds for this claim, and will likely win (this portion). The SEC will need to get a ruling from the correct courts (which could take years) to block this.
Sign In or Register to comment.