Judge Corley simplifies it and asks Lee, who confirms he didn't look at the survey. Now lunch break.

🧵71/X

— Florian Mueller (@FOSSpatents) June 27, 2023

I haven't tweeted about the Economist testimony because frankly it's incredibly confusing and hard to understand. Even the lawyers and judge in the courtroom are having trouble understanding his models

It's hard to say how any of this will be interpreted as it's a total mess

— Benji-Sales (@BenjiSales) June 27, 2023

This is been going for quite a long time now and probably 70% of the discussion has been the lawyers and judge trying to actually figure out what they're looking at

— Benji-Sales (@BenjiSales) June 27, 2023

Just overheard a risk arbitrageur telling someone over the phone that the economist (Lee) has done a really bad job.

I would say the problem is not so much the economist's work but that the facts just don't support the FTC. There simply is no antitrust issue here.

🧵72/X

— Florian Mueller (@FOSSpatents) June 27, 2023

Microsoft lawyer Beth Wilkinson got Lee to confirm that Sony can, of course, respond in various ways to the transaction -- and that one possibility is for Sony to reach an agreement with Microsoft that guarantees CoD will stay on the PlayStation.

🧵74/X

— Florian Mueller (@FOSSpatents) June 27, 2023

Microsoft lawyer brings up the fact that FFXV was on Xbox and PS, and FFXVI is not. The context is that what Sony can do in response to the acquisition of ABK includes agreements with 3rd-party publishers to withdraw titles from the Xbox.

🧵76/X

— Florian Mueller (@FOSSpatents) June 27, 2023

An economist who has a strong theory based on reliable data (as opposed to selective data and/or mere assumptions) wouldn't answer questions the way Robin Lee does.

He's just not the kind of economist on whose opinion a court can rely, much less in order to kill a merger

🧵78/X

— Florian Mueller (@FOSSpatents) June 27, 2023