The FTC argues that Xbox-exclusive content would be bad, ignoring that PlayStation has had it for years

GraniteStateColin

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May 9, 2012
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I agree with all the examples and arguments Brendan raised in this article. I would add another legal one: the fact that Microsoft COULD do those things is irrelevant. Unless there is evidence that MS intends to do them, the FTC has no authority to block the acquisition and as long as a judge is fair and not a political creature, he'll dismiss this or rule quickly on legal grounds.

Further, even if the FTC did have evidence of intent (say internal emails between MS executives stating a plan for such timed exclusives), then that only serves as support for an argument that this COULD be a negative to consumers, which would then need to be weighed against all the other evidence MS could present that the acquisition would be beneficial to consumers. Absent that proof, it's just speculation and insignificant.
 
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Brendan Lowry

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Jun 7, 2017
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I agree with all the examples and arguments Brendan raised in this article. I would add another legal one: the fact that Microsoft COUD do those things is irrelevant. Unless there is evidence that MS intends to do them, the FTC has no authority to block the acquisition and as long as a judge is fair and not a political creature, he'll dismiss this or rule quickly on legal grounds.

Further, even if the FTC did have evidence of intent (say internal emails between MS executives stating a plan for such timed exclusives), then that only serves as support for an argument that this COULD be a negative to consumers, which would then need to be weighed against all the other evidence MS could present that the acquisition would be beneficial to consumers. Absent that proof, it's just speculation and insignificant.
Totally agree. In general, this whole argument doesn't help the FTC's case at all.
 

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