FTC trying to argue that Activision's market share is greater in the U.S. than elsewhere and that the difference would suggest a U.S.-only market definition is right and the market isn't global.

🧵71/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Judge: GoW maybe more important to Sony, but that doesn't reflect on the importance to the industry as a whole.

Dr. Bailey: FTC expert's concern was about foreclosure. That's what she then commented on.

🧵73/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Judge: GoW maybe more important to Sony, but that doesn't reflect on the importance to the industry as a whole.

Dr. Bailey: FTC expert's concern was about foreclosure. That's what she then commented on.

🧵73/X

— Florian Mueller (@FOSSpatents) June 28, 2023

FTC asks Dr. Bailey if she performed any analysis of the importance of Diablo. Dr. Bailey says she focused on CoD because it's the largest.

🧵75/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Dr. Bailey didn't look at Diablo because data wasn't available to her in time.

FTC now asks about when last GoW release was. Ask her to confirm it was 2017. She can't take a position.

🧵76/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Q Do you remember when the last god of war release was?

I don't sitting here, no.

Q 2017 seem roughly accurate?

I couldn't say one way or the other.

— Derek Strickland (@DeekeTweak) June 28, 2023

Judge Corley interrupted when FTC lawyer wanted Dr. Bailey to opine on whether one completes a contract. Judge notes the witness here is not a lawyer. He then reframed the question as an economic question and judge was fine with it.

🧵79/X

— Florian Mueller (@FOSSpatents) June 28, 2023