sharing this for overall context. :)https://t.co/ZRY2wxQasr
— Frank X. Shaw (@fxshaw) December 8, 2022
Looks like Microsoft is ready to fight it, they're already countering FTC's claims of a promise to EC.
In its merger notice to the European Commission on ZeniMax, Microsoft stated: “Microsoft will honor all
of ZeniMax’s obligations to continue to make its current games available on other gaming hardware,
including two planned console exclusive releases for the Sony PlayStation 5, Deathloop and Ghostwire:
Tokyo.” (Microsoft ZeniMax Form CO, January 29, 2021, at pp. 4-5
It further stated: “Microsoft will not make any existing ZeniMax games exclusive to Xbox. They
will continue to be available for purchase for PCs and other gaming hardware for which they are
currently available, which will ensure that they continue to be available to current players of
those games. Microsoft will not be removing players’ access to any current games, no matter
where they currently play.” (Microsoft ZeniMax Form CO, January 29, 2021, at p. 13.
After closing of the acquisition, Microsoft honored ZeniMax’s commitment and the first two games
released by Bethesda Game Studios – Deathloop (released September 14, 2021) and Ghostwire: Tokyo
(released March 25, 2022) – were made available as timed console exclusives (one year) for Sony
PlayStation. As a result, gamers on Xbox could not play Deathloop until September 20, 2022, when it
could be made available for individual purchase and in Game Pass (one year after it launched on
PlayStation 5). Ghostwire: Tokyo remains unavailable on Xbox per Sony’s restriction
For future games, Microsoft also maintained its position:
• In its merger notice to the European Commission on ZeniMax, Microsoft stated: “Future decisions on
whether to distribute ZeniMax games for other consoles will be made on a case-by-case basis, taking into
account player demand and sentiment. Factors that will inform Microsoft’s decision-making on future
games include consumer demand and preference and the willingness of third parties to work with
Microsoft to launch games for their devices.” (Microsoft ZeniMax Form CO, January 29, 2021, at p. 5).
It further stated: “For future ZeniMax games, Microsoft intends to make these games available
for purchase on PC and, where the games are designed as native mobile games, on mobile
devices running both iOS and Android. Future decisions on whether to distribute ZeniMax games
for other consoles will be made on a case-by-case basis, taking into account player demand and
sentiment, Microsoft’s strategic and financial goals, and the willingness of third-party gaming
hardware providers to run Microsoft games and services. Microsoft will make all acquired
games and future releases available to subscribers of its Game Pass service on the day the games
are launched (which can be used to play on PCs, Xbox consoles and Android mobiles), but does
not currently anticipate distributing them through other subscription services. This reflects
Microsoft’s broader strategy to promote a subscription-based model which it believes will
generate value and choice for game players. This policy would not preclude players from
downloading or buying these games outside of Xbox Game Pass: Microsoft anticipates that
existing games and future multi-platform games will be available for purchase from relevant
digital storefronts of all major consoles and PCs.” (Microsoft ZeniMax Form CO, January 29,
2021, at pp. 13-14)
In an interview with Bloomberg in September 2020, Phil Spencer noted Microsoft’s position on
distributing ZeniMax games for other consoles: “Clearly our commitment with this move is that Xbox and
PC and people playing on xCloud and Game Pass will get ZeniMax’s games … in terms of other platforms,
I think we’ll make a decision on a case-by-case basis.
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Someone is lying, and it looks like Microsoft has the proof to back their statements up.
Essay Pro