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EpicRandy said:
Renamed said:

Can you provide links showing regulators (or even just the FTC) stating as such?

https://www.ftc.gov/system/files/ftc_gov/pdf/D09412MicrosoftActivisionAdministrativeComplaintPublicVersionFinal.pdf

"Other consoles lack the high performance of the Xbox Series X|S and PS5
consoles. For example, the Nintendo Switch, which is designed to allow portable, handheld use,
necessarily sacrifices computing power, which leaves it unable to play certain games that require
more advanced graphic processing. Retailing at $299.99, the Nintendo Switch is also less
expensive than the Xbox Series X and PlayStation 5 consoles, both priced at $499.99. While the
Xbox Series S had the same retail price at launch as the Nintendo Switch, the graphical and
processing capabilities of the Series S are much more aligned with the Xbox Series X and PS5
consoles. The Xbox Series S enables gamers to play the same video games as the Xbox Series X,
both of which offer more graphically advanced gameplay than on the Nintendo Switch."

So they are trying to say that Nintendo is not an actor of the same market who's able to distinguish themselves but look at the situation like Nintendo is a Monopoly alone in it's market and Xbox and PlayStation are a duopoly.

Well, that's a rather odd series of statements from the FTC.  The computational capabilities are not what determine market competition (the crux of this whole thing).  There are hundreds of games the Switch shares with both MS and Sony consoles which includes games from MS themselves. To say nothing of the 10 year deal MS has with Nintendo to bring the perennial graphic powerhouse Call of Duty to Nintendo consoles. Which leads me to another point.  Consoles are cyclical.  The FTC isn't considering that game console manufacturers are not stagnant product makers. Unless they are looking though the lens of either newer Nintendo consoles never again being capable of running any Activision Blizzard products or this deal lasting only 2-3 years (ending before Nintendo's next flagship product), they have failed to grasp the nature of the console market.

Finally, we better hope they aren't looking at Nintendo like a monopoly.