[1/4]Microsoft Corporation CEO Satya Nadella arrives to testify in the Northern District of California during a trial as the US Federal Trade Commission seeks to stop Microsoft’s deal to buy Activision Blizzard, in downtown San Francisco, California, United States on June 28, 2023….
SAN FRANCISCO/WASHINGTON, June 28 (Reuters) – The leaders of Microsoft (MSFT.O) and Activision Blizzard (ATVI.O) on Wednesday sought to allay antitrust concerns that the two companies’ proposed $69 billion merger would illegally focus on energy. with Microsoft CEO Satya Nadella saying that making Activision’s games exclusive “wouldn’t make any strategic sense”.
The Federal Trade Commission has asked a judge to block the proposed acquisition because, it says, it would give Microsoft, the maker of the Xbox console, exclusive access to Activision games, which includes the hugely popular “Call of Duty.” The FTC said that would leave Nintendo (7974T) and Sony’s lineup (6758T) out in the cold.
Nadella disagreed with that concern in about 45 minutes of testimony on Wednesday.
“I grew up in a company that always believed that software should work on as many platforms as possible,” he said.
When asked if Microsoft had any incentive to refuse to allow games on Sony’s PlayStation in order to sell more of its Xbox consoles, Nadella replied, “It makes no economic sense and it makes no strategic sense.”
To address the FTC’s concerns, Microsoft has agreed to license its flagship “Call of Duty” to competitors. She also argued that it would be better financially by licensing the games to all comers.
The FTC asked San Francisco Judge Jacqueline Scott Corley to pause the deal in order to allow the agency’s internal judge to rule on the case. In the past, the side that lost in federal court often conceded and the internal process was overturned.
The Federal Trade Commission, which enforces antitrust law, has taken a tougher line on mergers during the Biden administration to protect consumers from being shut out by powerful companies.
Much of the testimony in the trial focused on Activision’s “Call of Duty,” one of the best-selling video games of all time.
Activision CEO Bobby Kotick testified earlier Wednesday that if Microsoft bought his company and banned other gaming platforms from offering “Call of Duty,” it would alienate many of its 100 million monthly active users and hurt its popularity.
“You’d have a rebellion if you wanted to remove the game from one platform,” Kotick said, adding that it was necessary to deliver the game across multiple platforms, including consoles, mobile phones, and PC.
Kotick argued that there was no incentive for Microsoft, if it closed the Activision deal, to restrict who provides the company’s games. For example, he said removing “Call of Duty” from Sony’s PlayStation would be “very damaging” to Activision’s business.
He also acknowledged that the deal, which he said earlier Wednesday he wanted to close “very badly,” would cause his personal stock to be worth more than $400 million.
The deal has been approved by several jurisdictions, but has been opposed by the US Federal Trade Commission and Britain’s Competition and Markets Authority.
(Reporting by Diane Bartz in Washington and Greg Bensinger in San Francisco; Editing by Matthew Lewis
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