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Some other points which I think could have been made by MS.

  • The cloud, if we accept to define it as its own market, is already way more diverse than the console market in the number of actors.
  • If ever Cloud gaming properties become good enough for mass market adoption, why would MS content position itself differently than with the console market even in the context of ABK titles becoming exclusive? Sony will for sure use their Massive exclusive library to secure a competitive position and if they don't that would be of their own choice, likewise for Nintendo, steam, Tencent, and every other actor with a sufficient content library.
  • Why would MS content restriction to the cloud be judged cutthroat four cloud gaming when a competitor with content proven to successfully give them a dominant position in the console market and with 4 times the amount of exclusive not be considered so? So if MS is blocked from merging for fear of driving the cloud market when/if it matures, wouldn't this would only result in conferring Sony the abilities/benefits from the same dominant position it enjoys currently in the console market and being the one driving the cloud market? So here the court would not protect the consumer, only be deciding who will lead and who will play catch up in a mature cloud market.