Microsoft calls out FTC lawsuit as unconstitutional

The saga of Microsoft’s attempt to acquire Activision Blizzard will no doubt continue into 2023 as another response to the FTC lawsuit from Microsoft (this one 37 pages in length) has been uncovered.

The document, titled “Answers and Defenses of Responent Microsoft Corp.,” reiterates Microsoft’s various arguments that the deal should be allowed to complete without interference. Among these arguments Microsoft states on page 2:

Xbox also believes it is good business to make Activision’s limited portfolio of
popular games more accessible to consumers, by putting them on more platforms and making them more affordable. That includes making Call of Duty, one of Activision’s most popular games, more broadly available. Microsoft made this public pledge on the day the deal was announced. Since then, Xbox has agreed to provide the game to Nintendo (which does not currently have it) and has offered [REDACTED] to Sony [REDACTED]. 

The statement also goes on to point out that “The acquisition of a single game by the third-place console manufacturer cannot upend a highly competitive industry.”

More provocatively, however, is Microsoft’s claims that the FTC’s actions are unconstitutional. This is stated in items no.17-21 on page 34 of the document.

At this point it is unclear whether the Activision Blizzard deal will ultimately go through, or whether Microsoft’s claims will have any impact on how the FTC proceeds with its lawsuit.