Microsoft Says FTC Block Of Latest Acquisition Is Unconstitutional

Microsoft has responded to the FTC’s block of their acquisition of Activision Blizzard by claiming the move is unconstitutional. A few weeks ago, the FTC filed a motion to block the acquisition, citing that bringing the companies under the Microsoft banner would give the company an unfair advantage in the marketplace and essentially create a monopoly for them. With Call Of Duty being used as one of the biggest examples, as the game has now become a bargaining chip, with Kotaku reporting that Microsoft offered the franchise as a PlayStation Plus-only title.

Microsoft has legally decided to clap back at the block with a statement of its own in response to the block, claiming that buying one company will not change the landscape of the gaming industry and that a single game franchise like Call Of Duty will not upend the entire marketplace. The company even cites that they have offered to put Call of Duty on the Nintendo Switch (as it hasn’t been on a Nintendo console in years), and even cited that Nintendo has many first-party titles that are far more popular that are exclusive to Nintendo-based consoles for decades, and the marketplace has thrived despite having some of the most recognizable games on the planet under their banner.

Probably one of the most interesting statements in the entire document is Microsoft claiming that the move is in violation of the Constitution. As they wrote near the bottom of the 37-page response, “These proceedings are invalid because the structure of the Commission as an independent agency that wields significant executive power, and the associated constraints on removal of the Commissioners and other Commission officials, violates Article II of the U.S. Constitution and the separation of powers.”

We’ll see how things go when this eventually hits a courtroom. Whether you agree with Microsoft or not, you can’t deny they do make some good points that in other acquisitions over the years, Sony never bothered to address, and the FTC didn’t seem to have an issue with. Such as when they acquired Bethesda and scored franchises such as DOOM, Quake, and The Elder Scrolls under their banner.