Microsoft Claims FTC’s Approach To Activision Blizzard Acquisition Is Unconstitutional

Microsoft’s Activision Blizzard acquisition has been a disaster for Microsoft as they have been facing hurdle after hurdle. Yet, Microsoft has no plans of letting this deal slip away. 

We saw in the 2nd week of December that FTC filed a lawsuit against Microsoft to block the Activision Blizzard deal. FTC had some concerns, as the director of FTC’s Bureau of Competition stated;

“Today, we seek to stop Microsoft from gaining control over a leading independent game studio and using it to harm competition.”

Although Microsoft doesn’t mind going to court for the case, this case has yet to be resolved, and we are waiting for what lies ahead. Shorty, a group of 10 gamers also decided to sue the company over the Activision Blizzard deal. Their main claim was that Microsoft would have too much control over the iconic game franchises if the merger happened.

Now, Microsft has responded to FTC in 37 pagers that FTC’s approach to the merger is unconstitutional. According to Microsoft, FTC has violated Article II, III, and their right to equal protection under the Fifth Amendment.

In Microsoft 37pg response to the FTC Microsoft states the FTC approach to the ABK merger is unconstitutional and violates Articles II, III and their right to Equal Protection under the Fifth Amendment pic.twitter.com/t9FQjZEc3P

— Post Up (@PostUp_bbb) December 23, 2022

Microsoft has no intention of letting this deal go, as Microsoft’s president Brad Smith said in a statement to The Verge:

“Even with confidence in our case, we remain committed to creative solutions with regulators that will protect competition, consumers, and workers in the tech sector.

As we’ve learned from our lawsuits in the past, the door never closes on the opportunity to find an agreement that can benefit everyone.”

We can’t see a way for this case to be solved unless both parties conclude and figure things out. This is perhaps the most significant hurdle Microsoft has faced in this deal. Microsoft may win the case with this claim, but only time will tell.

Aside from that, what do you think of this claim by Microsoft? Will Microsoft face another hurdle after this? Please share your thoughts with us in the comments section.

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