ok FTC v. Microsoft is kicking off. Follow along here https://t.co/aPQgk9JU8L

— Tom Warren (@tomwarren) June 22, 2023

FTC: deal also depends on UK. Court there won't decide by July 18.

Judge Corley notes FTC could keep suing even if the deal closes.

🧵5/X

— Florian Mueller (@FOSSpatents) June 22, 2023

FTC says the evidence it will show these days here is "but a fraction" of all the evidence they have.

Well, their court filings so far didn't indicate to me that they have a wealth of evidence, but let's see.

🧵6/X

— Florian Mueller (@FOSSpatents) June 22, 2023

FTC again makes legal argument that contracts with other companies and EC remedies should be deemed legally irrelevant.

Even if not, FTC argues legal standard is that any or all doubts about effects of the deal would have to be dispelled.

🧵20/X

— Florian Mueller (@FOSSpatents) June 22, 2023

In almost 20 years, Sony has lead the market no matter how you define it.

"You know they want to protect that market because they refuse to allow any of their games...they allow none of their new games on their subscription service day and date"

— Derek Strickland (@DeekeTweak) June 22, 2023

One company's margin is another person's opportunity. Sony has a big margin, and Xbox is looking for an opportunity to provide more games, to more devices, to more people.

— Derek Strickland (@DeekeTweak) June 22, 2023

MSFT: everyone recognizes in the market that people are moving to mobile. That is why simply they wanted to buy Activision. They had not been successful in the mobile market. Buying Activision is opportunity to have a presence in the mobile market with Candy Crush etc.

🧵28/X

— Florian Mueller (@FOSSpatents) June 22, 2023

Microsoft's counsel now explaining that CoD foreclosure would not make sense, too much of the revenue is generated on PlayStation.

🧵30/X

— Florian Mueller (@FOSSpatents) June 22, 2023

Doesn't make sense to upset all those consumers, the gamers who want to play CoD with their friends.

🧵32/X

— Florian Mueller (@FOSSpatents) June 22, 2023

Microsoft CFO will testify that Microsoft Gaming division will be held to its revenue targets. Executives couldn't look Microsoft's board in the eyes if they withdrew CoD from PlayStation.

🧵34/X

— Florian Mueller (@FOSSpatents) June 22, 2023

FTC expert gives PS 56% market share, Xbox 44%. He focuses just on the U.S. market. Microsoft doesn't agree with the numbers, but even if taken as true, PlayStation would be the dominant player. And FTC expert says the net effect would be: Sony 50.5%, Xbox 49.5%.

🧵34/X

— Florian Mueller (@FOSSpatents) June 22, 2023

Showing Jim Ryan*s email, responding to former Sony CEO, saying that Microsoft's acquisition of ABK was "not an exclusivity play at all".

We will continue to see CoD on PS for many years to come.

🧵35/X

— Florian Mueller (@FOSSpatents) June 22, 2023

Microsoft says Jim Ryan initially said this of MS-Activision bid in candid email:

"It is not an exclusivity play at all. They’re thinking bigger than that…I’m pretty sure we will continue to see CoD on PlayStation for many years to come

"We’ll be okay. We’ll be more than okay" https://t.co/KxCFGITexJ

— Stephen Totilo (@stephentotilo) June 22, 2023