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Like I mentioned in the related article, FTC argument is not only untrue but even if it were true it still bad as FTC has no standing on whether or not MS broke rule it as made with the EC. If that's the basis of FTC argument I believe MS have a great case to ask a motion to dismiss, winning by default and preventing the case to even be ruled upon, citing that if it broke a supposed agreement with the EC the EC is more than qualified to file a suit on their own in the appropriate court of law.