Skip to main content

FTC files lawsuit to block Microsoft’s Activision Blizzard acquisition

The Federal Trade Commission (FTC) will sue Microsoft to block its acquisition of Call of Duty and World of Warcraft publisher Activision Blizzard.

A 3-to-1 vote ultimately determined the FTC’s decision to issue the lawsuit as the commission fears that the deal would give Microsoft an unfair advantage in the gaming industry and hurt innovation. FTC Bureau of Competition Director Holly Vedova explained the FTC’s intent in a press release.

“Microsoft has already shown that it can and will withhold content from its gaming rivals,” she said. “Today, we seek to stop Microsoft from gaining control over a leading independent game studio and using it to harm competition in multiple dynamic and fast-growing gaming markets.”

That press release also highlights the FTC’s belief that Microsoft’s acquisition of ZeniMax Media is problematic due to a track record of “using valuable gaming content to suppress competition from rival consoles.” In addition, after the Activision Blizzard acquisition, Microsoft could potentially “harm competition by manipulating Activision’s pricing, degrading Activision’s game quality or player experience on rival consoles and gaming services, changing the terms and timing of access to Activision’s content, or withholding content from competitors entirely.”

This $69 billion acquisition has dominated gaming industry headlines all year as Microsoft has been doing all it can to make the deal seem favorable to the industry. As recently as December 6, Head of Xbox Phil Spencer emphasized the potential positives of this acquisition, confirming plans to continue to bring Call of Duty to Nintendo platforms and Steam for 10 years if the Activision Blizzard merger is complete.

By filing this complaint, the FTC begins proceedings that will result in a hearing and trial before an administrative law judge to determine whether or not Microsoft will acquire Activision Blizzard. 

Editors' Recommendations

Tomas Franzese
Gaming Staff Writer
Tomas Franzese is a Staff Writer at Digital Trends, where he reports on and reviews the latest releases and exciting…
Microsoft beat the FTC. Here’s what the controversial court ruling means for Xbox
Xbox's logo used during the Extended Games Showcase

You’ve probably heard that the Federal Trade Commission (FTC) lost its case against Microsoft after an exciting and revelatory trial. On Tuesday, Judge Jacqueline Scott Corley denied FTC's motion for a preliminary injunction to block Microsoft’s acquisition of Activision Blizzard before its potential completion by July 18. Ultimately, Corley did not believe that Microsoft owning Call of Duty would “substantially lessen competition” in the game industry. It was major win for Microsoft after months of regulatory hoops and roadblocks, but the FTC quickly moved to appeal the decision. This all raises an important question: What’s next?

Over the next week, Microsoft, Activision Blizzard, and the FTC will determine the fate of the gaming companies involved in this acquisition and set a precedent for the future of the game industry. On top of that, Microsoft still has to deal with the next moves made by the U.K.'s Competition and Markets Authority (CMA), which wants to block the acquisition due to its impact on cloud gaming. Following the release of Judge Corley’s Preliminary Injunction Opinion, I spoke to two analysts and a lawyer with knowledge of the video game industry to better understand what lies ahead for Microsoft and Activision, the FTC, and the CMA. The battle isn't quite over yet, even if the end is finally on the horizon.
What’s next for Microsoft and Activision Blizzard
Currently, Microsoft and Activision are in a solid position, as a Judge has ruled that Microsoft is unlikely to pull Call of Duty from PlayStation or lessen competition in the game console, cloud gaming, or game subscription markets by acquiring Activision Blizzard. There’s a temporary restraining order in place until July 14, which the FTC hopes to successfully appeal during. As soon as that order is up, though, Microsoft and Activision Blizzard have until July 18 to complete the acquisition.

Read more
Microsoft wins FTC case, removing Xbox’s biggest Activision Blizzard acquisition hurdle
Characters shooting in Call of Duty: Modern Warfare 2.

Following a multi-week court case, Microsoft has won its battle with the Federal Trade Commission regarding its proposed Activision Blizzard acquisition. The ruling is a major win for Microsoft's troubled deal, clearing the biggest hurdle it faced.

Last January, Microsoft announced its intention to acquire Activision Blizzard for $69 billion. The blockbuster announcement immediately raised antitrust concerns, which resulted in the FTC filing a legal challenge in December 2022. Microsoft has not been able to proceed with the acquisition since then, as its faced similar scrutiny in the U.K.

Read more
FTC v. Microsoft: 5 surprising revelations from the court hearing that you need to know
Call of Duty Warzone screenshot of 3 characters walking towards the camera.

We have reached an inflection point in Microsoft’s efforts to acquire Call of Duty and World of Warcraft publisher Activision Blizzard as the FTC’s lawsuit to stop it went before a judge. Representatives from Microsoft, Sony, Nintendo, Google, and Nvidia chimed in during the hearing, as did a variety of analysts presenting data to help determine whether or not this acquisition will hurt competition in the console and cloud gaming markets.
As the video game industry is quite buttoned-up and secretive, this trial has given us an unprecedented look behind the curtain at Xbox, PlayStation, and Activision’s motivations, past claims and mistakes they made, and more. In a case filled with revelations, these five details were a particularly illuminating look into the video game industry's inner workings.
Microsoft revealed its real cloud gaming motivation

Since 2019, Microsoft has been one of the video game industry’s biggest purveyors of cloud gaming alongside the likes of Nvidia, Amazon, and Google. It previously claimed that its primary goal with this was to get its hardcore games like Halo in front of as many people as possible, but this trial has revealed a secondary motivation. Microsoft hoped cloud gaming would give them an edge in the mobile gaming market, where Xbox has struggled to establish itself.
“We built xCloud knowing that on Xbox we have many games that run on our console,” Head of Xbox Phil Spencer explained. “There are many users around the world that have phones that aren’t able to play those games, nor will they be. Our strategy was to put consoles in our data centers to stream those consoles to a mobile phone, so if someone wanted to play Halo on a mobile phone, they would have access to those games through streaming.
It didn’t work out that way, though. Xbox’s VP of Game Creator Experience, Sarah Bond, testified that the most common use for cloud gaming is not mobile play but console players trying out a game before or during a download. Because cloud gaming is a sticking point for the CMA, Microsoft wants to downplay its relevancy to Xbox’s business, but, as I wrote in April, it might be too late for them to do that. Even if cloud gaming’s future is as a supplementary service on consoles, it’s sticking around as one of the central aspects of dissent against the acquisition. The future of cloud gaming is just playing out in a way no one predicted when it re-rose to prominence four years ago.
Activision regrets not putting Call of Duty on Nintendo Switch

Read more