The closing argument in FTC v. Microsoft & Activision Blizzard is about to start. Judge Corley is here, the court is in session, just some administrative clarification by Microsoft lead counsel Beth Wilkinson.
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵1/X
FTC claims "significant evidence" about relevant market, nature of competition in those markets, role of content in each of those markets, and critically MSFT's ability and incentive to foreclose.
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵3/X
FTC says it's about driving users to Game Pass. Then claims that ZeniMax is evidence of MSFT's incentive (to foreclose). Judge Corley: let's talk about ZeniMax? which ZeniMax title is comparable to CoD, multiplayer multiplatform title?
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵5/X
FTC now says one can always create a category of one. CoD is unique, only CoD generates huge revenues every year. Then talking about MSFT using content and Judge Corley then says "they*ll use that content to make money".
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵7/X
FTC now says Mr. Kotick will bring his content everywhere gamers can be found. (Well, but MSFT actually will bring ABK games to more gamers than an independent ABK1)
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵9/X
FTC says acquiring content cuts off whole process of competition because you don't make an investment in something new. Judge wants to know harm to consumers.
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵11/X
FTC says there'll be content after the deal, timing issues, exclusives, that favor the Xbox, not the PlayStation.
— Florian Mueller (@FOSSpatents) June 29, 2023
Judge: Let's talk about CoD. Why doesn't Sony acquire another publisher? They make a lot of stuff exclusive.
🧵13/X
Judge: If Sony actually had a deal for 10 years ...?
— Florian Mueller (@FOSSpatents) June 29, 2023
FTC doesn't really want to talk about that
FTC said they'd still investigate it. But, judge says, here it's about a preliminary injunction (not merely an investigation).
🧵15/X
FTC: yes, one theory is they'll have to buy an Xbox. That*s theory. But other theories are myriad ways to use content to push platform.
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵17/X
Judge: I just wanna know what actual data ... I*ll tell you, Dr. Bailey looked at actual real-world data
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵19/X
Judge Corley still wants to know about the 20%. She wants to know on the basis of what data the FTC expert assumes that some gamers will switch from PS to Xbox when they buy a next-gen console.
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵20/X
Judge: I'm trying to get, how do you get to it that CoD is SO important to them ... how do you figure out the % number that they will buy an Xbox?
— Florian Mueller (@FOSSpatents) June 29, 2023
FTC now points to Jim Ryan testimony
🤡🤡🤡🤡
🧵22/X
Now the FTC is just talking about CoD being #1 in sales charts etc.
— Florian Mueller (@FOSSpatents) June 29, 2023
Judge: are you saying that people who only play CoD 20 hours a year, are they included in that 20% figure?
Silence on FTC*s part. 🤡🤡🤡
🧵24/X
Judge Corley insists she wants to know how they GET TO the 20% number!
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵26/X
Judge Corley: the number of PS users who play CoD a lot is actually a small number compared to all PS users. Also PS is not the biggest revenue driver on PS.
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵28/X
Essay Pro