The lawyers handling the gamers' lawsuit against Microsoft for the Activision Blizzard acquisition have presented evidence suggesting that the deal is aimed at eliminating competition from PlayStation. This information came to light during the latest phase of the antitrust suit, which was initially filed against Microsoft in December 2022.
In March 2023, a judge dismissed the gamers' lawsuit against Microsoft, stating that the complaint failed to sufficiently demonstrate any anticompetitive effects in relevant markets resulting from the Activision Blizzard deal. However, the lawyers in the case have now filed an appeal, citing an internal Microsoft email that they believe supports their claim that the company intends to drive PlayStation out of the market through this acquisition.
The new court documents, filed on June 9, reveal that Matt Booty, Head of Xbox Game Studios at Microsoft, sent an internal email to Tim Stuart, Microsoft's Chief Financial Officer of Xbox. This email is said to provide "uncontroverted evidence" of the company's anti-PlayStation intentions. However, the contents of the email have been redacted, as Microsoft's attorneys argue that the internal correspondence should remain confidential. Nonetheless, it is important to note that this controversial email may not actually prove anything in relation to the Activision Blizzard acquisition.
The email in question was sent by Matt Booty in 2019, which predates Microsoft's announcement of the Activision Blizzard deal in January 2022. Therefore, this specific email cannot prove that the acquisition is part of Xbox's goal to eliminate PlayStation from the gaming industry. It remains uncertain if the email's details will be made public, as Microsoft's attorneys are working to prevent it. Additionally, it is unclear how the lawyers obtained the email or why they did not consider its send date relevant to their argument. This email serves as Exhibit K in the case, suggesting that other pieces of evidence have been submitted to support the claim of potential harm to consumers due to the ABK deal on antitrust grounds.
New Zealand has raised concerns about the Activision Blizzard acquisition, leading to a delay in the final decision until July 17. The country's Commerce Commission, like the UK's CMA, is wary of the potential impact of the deal on the cloud gaming sector.