The deal between Microsoft and Activision Blizzard is acquiring more and more interesting news. The Federal Trade Commission (FTC) in the US yesterday announced its intention to block the merger by filing a lawsuit. Along with this decision, the commission issued a clarification of its position, which contains the interesting part:
The FTC pointed to Microsoft’s experience in acquiring and using valuable game content to stifle competition from rival consoles, including the acquisition of ZeniMax, the parent company of Bethesda Softworks (an established game developer). Microsoft has decided to make several Bethesda games, including Starfield and Redfall, exclusive to Microsoft despite assurances it has given European antitrust authorities that it has no incentive to deny games for competing consoles.
In this statement, the FTC claims that Microsoft has assured the EU antitrust authority that it has no plans to make Bethesda content exclusive. At the same time, we recall that the FTC is the US antitrust authority.
Investigative news agency MLex contacted the EU regulator today and reportedly received a response that points to the FTC’s claims being false. Journalists write, referring to the information received, that Microsoft never promised the regulator in the EU that it would not make Bethesda projects exclusive. Below you can see an excerpt from the MLex material:
The European Commission said Microsoft made no “commitment” to EU regulators not to release Xbox-exclusive content following the ZeniMax Media takeover. […]
“The Commission unconditionally approved the Microsoft/ZeniMax deal as it concluded that the deal would not raise competition concerns,” the EU watchdog said in an emailed statement.
Thus, the FTC cites false arguments in a white paper that indicates the reasons for disapproving the deal between Microsoft and Activision Blizzard, which can play into the hands of the companies in court.