
Update: Microsoft has since responded to this, stating that "Activision was already planning on eliminating a significant number of jobs while still operating as an independent company." Here's an excerpt from the latest court filing:
"Consistent with broader trends in the gaming industry, Activision was already planning on eliminating a significant number of jobs while still operating as an independent company. The recent announcement thus cannot be attributed fully to the merger. More important, Microsoft continues fully to stand behind its representations to this Court."
Original story: Back in late January, it was revealed that Microsoft was cutting 1,900 jobs across various Xbox teams, including at Bethesda and Activision Blizzard, and now the FTC has indicated its concerns about this decision.
The Federal Trade Commission is still trying to fight Xbox's purchase of Activision Blizzard, and the regulator says these layoffs contradict what Microsoft has been saying as part of its court representations in the past.
Here's just a sample of what the FTC had to say about this move in a court filing this week:
"Microsoft’s recently-reported plan to eliminate 1,900 jobs in its video game division, including in its newly-acquired Activision unit, contradicts the foregoing representations it made to this Court.
Specifically, Microsoft reportedly has stated that the layoffs were part of an “execution plan” that would reduce “areas of overlap” between Microsoft and Activision, which is inconsistent with Microsoft’s suggestion to this Court that the two companies will operate independently post-merger."
Moreover, the reported elimination of thousands of jobs undermines the FTC’s ability to order effective relief should the pending administrative proceeding result in a determination that Microsoft’s acquisition of Activision violated Section 7 of the Clayton Act."
It still remains to be seen what will happen in this battle between Microsoft and the FTC moving forward, but obviously the Commission was initially unsuccessful in blocking the Activision Blizzard acquisition late last year.
The FTC definitely still seems committed to the cause though, so the battle appears far from over. In any case, we'll keep you up to date with the major news coming out of this... hopefully it won't be quite as frequent as it was in 2023!
[source storage.courtlistener.com, via theverge.com]
Comments 30
Why are they so hellbent on blocking the merger? It seems like they are the only ones opposed to it at this point.
Government anything in the US has lost its mind.
Given the acquisition has occurred, what can the FTC do here?
Honestly this is even worse from the FTC than before, as if last year was not embarsssing enough.
They still do not understand their statutory purview, it's quite extraordinary.
It's like they have literally lost their collective minds.
What they are saying is not how Antitrust laws operate
@somnambulance It could be ordered to be unwound, which is why they're complaining about the job losses - as it might impact ABK's ability to be a separate company if they had to split again.
I'm sure Microsoft's lawyers will have foreseen this move by the FTC though, and if there is a move to put more games on PlayStation then the FTC really won't have a leg to stand on in any appeal...
@somnambulance @Widey85 Since the 1970s, no verticle merger has been unwound in the USA. The government has lost all 3 verticle merger challenges in the modern age with those cases being:
UnitedHealth/Change
Illumina/Grail
AT&T/Time Warner
And most of those had the support of the DoJ as well, which they do no in the MS/ATVI case
@Sakai Agreed it's incredibly unlikely, it's just the basis of the FTC's complaint - that MS is proceeding as if it's done and dusted, while there's still some legal proceedings to go through that require ABK to still be able to function alone if it was unwound.
In reality, if Xbox announce Starfield and other big games going to PlayStation next week, the FTC should abandon these proceedings and save the taxpayer's money, as clearly that would remove the last argument they had against it (that it would reduce games available on PlayStation).
At this point they should change their name to Federal Anti-Microsoft Commission. The only problem about all this is that they're not a private corporation or NGO. To think that they (or Lina Khan) are even more stubborn than the CMA is scary.
If Microsoft were always planning to release Starfield etc on PS, they could or would have said so a long time ago and the whole saga around the merger might have been over much sooner.
But it would be funny if Microsoft went 3rd party publisher very soon, then many fans would prefer the merge to not have gone through and Sony would have never complained.
There will be a guy in his late 60s in a swanky office at microsoft , he's got his head in his hands , looks at the mountains of paperwork on his desk and thinks , I fu**kin hate video games.
@Banjo-, I am/was also in favour of the merger, but I don't see the issue. The sad reality is, that some companies have far too much power and regulators should have been much more aggressive when it comes to not letting these mergers go through.
While the FTC is right in some regard, it ignores the fact that almost EVERY major gaming company has laid off a large percentage of workers due to market conditions. Hence they can probably argue, these weren't due to the merger but due to those changing market conditions, whether true or not.
This is the FTC attempting to open a new front, @Kaloudz. If the rumours are true, and that Xbox are indeed putting their first party games on the PlayStation, their already exceptionally weak case completely crumbles to dust. They are just throwing things against the wall just in case something has the chance to stick...
@tho_mi In our current world I don't know what's worse, companies or governments. I think it depends on the country you live in. Northern and western European countries (Austria, of course) have a healthy regulation by the public entities but yes, private power should be governed and regulated by the law, the same way we can't do whatever we want.
tbh i wish the gov would take 1 trillion monies from ms. that would calm em down.
It won't be the public spectacle that the previous fight was but still, it has to embarrassing to make these unwinnable arguments and get scolded by the legal system.
On one hand, if Microsoft did present to governing bodies that ABK would operate independently, this doesn't exactly bode well for Microsoft.
On the other hand, the FTC never really gave Microsoft its blessing, so whatever Microsoft presented to them is kind of moot anyways as it was essentially "rejected" by the FTC.
I don't see other regulatory bodies crying foul, though.
Plus, I would think that if Microsoft actually said "ABK would be entirely independent", then I am pretty sure Microsoft wouldn't have had such a huge fight to begin with regarding the acquisition.
Then again, it's possible that the reason ABK wanted to be bought was because it was crumbling under its own weight and the 1900 layoffs would have been an inevitability (and potentially could have been even bigger under an independent ABK).
Poor old Microsoft getting it this week with the whole multiplatform thing now the FTC at it again.
I reckon they should run a sympathy buy an Xbox console campaign, full on PR, advertising etc the lot, bless them.
@funkhouser
Pretty sure the 1,900 people being laid off are against it now too!
It's alright, MS can afford the fine. Where and what does that fine money go to I wonder.
The FTC is concerned? And? lol.
@XboxistheBestBox I read that comment in the voice of Comic Book Guy from The Simpsons.
Oh no guys, the FTC is attacking poor little Microsoft! Let's give sympathy for the three trillion dollar company!
@FraserG
You can see the response to the FTCs letter here.
https://gamesfray.com/microsoft-to-appeals-court-activision-blizzard-was-planning-significant-job-cuts-even-as-independent-company/
@themightyant funny one of points they mentioned is the job cuts in the wider industry and that Activision were planning cuts as an independant company like you said, if true or not.
@Sakai Yep, thanks! An update has been added 👍
I am very saddened by the layoffs and hope people find jobs soon. With that being said, the FTC run by Khan is the biggest sham of an organization at the present moment. They could care less about the layoffs and just want to try and block the merger at all costs as Khan hates big tech in general. They are using this to continue their fabricated social justice crusade.
The FTC needs to stay in it's lane, it's not their job to dictate to companies how to run their business. Their authority is simply in trade deals, that is it.
So let me get this straight...the FTC still wants to block the merger. The same merger that's already happened and at this point is finished. What a waste of tax dollars.
Its basically FTC saying Sony can have exclusive games, but Micro can't and its OK for everything company to let staff go... but Micro can't
they think it was just akb employees it was also microsft bethesda and zennimax as well but most of those layed off were most likely contract workers who were never really employees to begin with but they did not bat an eye when sony layed off all over 1000 people
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