During the third day of the court proceedings between the US Federal Trade Commission and Microsoft, Jim Ryan from Sony delivered a recorded deposition. Among other things, he criticized Xbox Game Pass and expressed that publishers were not in favor of it. The court case, which revolves around Xbox's acquisition of Activision Blizzard, touched upon various topics including Microsoft's Game Pass model and the market relevance of the Nintendo Switch. Specifically, Ryan's comments were made during a video deposition in which Microsoft's lawyer enquired about a meeting that occurred after Microsoft's announcement of the intent to purchase Activision Blizzard. This meeting took place roughly a month later and involved Ryan addressing PlayStation Investors.
According to VGC, Microsoft's lawyer stated that Ryan informed investors about his discussion with "all publishers" who apparently unanimously disapprove of Game Pass because it diminishes its value. The lawyer inquired if this statement was true. Ryan initially asserted his belief in its accuracy and when probed further about contacting all publishers, he simply stated that he frequently communicates with them and this viewpoint has been widely held by publishers for many years.
"Of course, it is difficult to quantify the word 'all'. Many independent developers, for instance, have expressed their praise for Xbox Game Pass and the support provided by Microsoft when launching a game on the platform. However, it has been publicly acknowledged that Xbox Game Pass can somewhat affect sales, potentially explaining Ryan's reference to AAA publishers releasing their games on the service. Nevertheless, from a consumer perspective, there must be a compelling reason for the large number of subscribers Xbox Game Pass has. Ultimately, it remains uncertain how this trial will conclude and the continued role Xbox Game Pass, among other factors, will have.
During these court proceedings, a number of previously undisclosed information has come to light. This includes Microsoft's consideration of acquiring major gaming companies such as Sega and Bungie, Sony's caution about providing PlayStation dev kits to Activision for future Call of Duty games, Bethesda's concern upon learning that Call of Duty would be available on multiple platforms, the confirmation that IO Interactive's Project Dragon will be exclusive to Xbox, and much more. It is likely that this revelation will continue in the coming days as well."
Source: VGC