Microsoft Activision Deal Gets Another Win in Court Against FTC

The U.S. Federal Trade Commission has lost its appeal against the Microsoft Activision deal in the 9th Circuit U.S. Court of Appeals. The FTC, which is probably the only entity still bothered by the merger, was told that the acquisition didn’t violate antitrust laws.

Microsoft Activision deal worked out in Sony’s favor after all

According to Bloomberg, the court reaffirmed a trial judge’s ruling that rejected FTC’s appeal against the merger. Judge Daniel P. Collins noted that the FTC didn’t show the “likelihood of success on the merits as to any of its theories.”

Judge Collins also pointed out that the practice of making games exclusive is pretty much a feature of the games industry. “All major manufacturers have engaged in this practice,” he wrote, adding that Sony and Nintendo also have “significantly higher number of exclusive games on their platform” than Microsoft.

The court concluded that the FTC failed to prove that Microsoft would cut off rivals’ access to major games like Call of Duty, essentially putting the case to rest at long last.

At this point, Sony’s probably celebrating the merger considering that it ultimately resulted in major Xbox exclusives landing on PS5, including Gears of War. The merger triggered a revamp of the Xbox division, with Microsoft turning towards a multiplatform approach for a sustainable revenue stream.

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