The FTC’s lawyers are dissatisfied with the previous documents and are demanding more details from Microsoft.
New court documents indicate that FTC attorneys are dissatisfied with Microsoft’s previous disclosures and documents and are asking for more information on several areas.
It was also disclosed that requests for more information on various areas of the FTC from Microsoft and Activision Blizzard went unanswered. The FTC has asked 24 times and Microsoft & Activision Blizzard have so far refused to disclose further internal details.
FTC attorneys are demanding detailed information on the following:
- Microsoft’s ZeniMax exclusivity plans
- Microsoft’s “next-gen” gaming ecosystem
- 10-year contracts with NVIDIA and Nintendo
The FTC has published the following comments on the 10-year agreements:
“While Microsoft clearly intends to use these agreements in its defense, it has refused to provide the underlying internal documents related to these agreements or communications with third parties other than Nvidia, Nintendo and Sony,” the document reads on page seven . “Microsoft should not be allowed to rely on these agreements without providing the requested underlying documents.”
It was further noted once again that the ZeniMax acquisition allegedly failed to deliver on pre-acquisition promises in hindsight:
“Microsoft made a similar argument when it acquired ZeniMax, but then chose to make newly acquired ZeniMax titles exclusive. In response to this RFP, Microsoft claimed that the second request covered productions of that request, but took no steps to confirm this. In fact, the second request did not contain any specification on cross-play.”
“Microsoft effectively acknowledged the relevance of this issue when requesting cross-play documents from a third party in this litigation. Microsoft’s conflicting position is that it can request relevant documents on the subject from a third party while avoiding similar disclosure from its own files.”