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Florian Mueller Profile picture
@FOSSpatents
Jun 20 • 6 tweets • 3 min read Twitter logo Read on Twitter
The #FTC and #Microsoft & #Activision submitted their witness lists. Highlights include Microsoft CEO Satya Nadella @satyanadella, Activision CEO Bobby Kotick, Xbox chief Phil Spencer @XboxP3, Sony PlayStation chief Jim Ryan (that one by video). and more.

Details in order of… twitter.com/i/web/status/1…
had to edit the tweet because the 1st version (written in a hurry at an altitude of well over 30K ft.) missed Phil Spencer and the part about witnesses named by both sides didn't list all the ones mentioned further above
Topics for Jim Ryan to testify on (plaintiff = FTC, defendants = Microsoft & ABK):

James “Jim” Ryan (CEO of Sony Interactive Entertainment). Plaintiff is calling Mr. Ryan by video deposition designation to testify about competition in the relevant antitrust markets, the video… twitter.com/i/web/status/1…
Can't edit the original tweet anymore -- Tim Stuart is CFO of Microsoft Gaming, Phil Spencer CEO.
Another clarification because someone asked: this is for the PI hearing starting on Thursday. So there'll be some star power in San Fran!
They "banned" any references to me on a certain forum and then they copy & paste from my tweet about the star witnesses 🤣 Image

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More from @FOSSpatents

Florian Mueller Profile picture
Jun 21
Judge Corley started at 2 PM sharp. Could have set our watches by her.

🧵1/X
Judge Corley was out of the country until yesterday. I suspected a vacation based on her not having scheduled any hearings/trials for last week.

Says she doesn't know which version of CoD her children used, but there must be one in the house.

🧵2/X
Judge Corley has made it clear once again that this matter will be decided swiftly.

🧵3/X
Read 13 tweets
Florian Mueller Profile picture
Jun 21
Just waiting outside the courtroom, met @MActon93 and @alexwilts. Image
The spectator's area here is like church pews. Got WiFi and yes, they do allow text messaging, just no photos or recordings.
The largest group here in the audience are risk arbitrageurs who flew in from NYC.
Read 5 tweets
Florian Mueller Profile picture
Jun 19
I get questions that suggest concern because Judge Corley was appointed by the Biden Administration and got mostly Democratic votes, just like Lina Khan.

It's a non-issue in this case. There are U.S. antitrust cases where it can play a role. This is none of them.

🧵1/4
Ohio v. American Express was a case that was decided by the Supreme Court along partisan lines. It was a bad decision though I like the Republican judges who made it. Essentially favors those with more disposable income over poorer people and small businesses.

🧵2/4
In the Pepper v. Apple consumer class action over the App Store monopoly, Justice Kavanaugh joined Democrats. And in Axon the FTC recently lost 9-0. In NCAA v. Alston, also a unanimous decision (but for strong antitrust application).

It's less partisan now than it was.

🧵3/4
Read 4 tweets
Florian Mueller Profile picture
Jun 17
I'll share some key quotes here.

"The U.S. antitrust agencies have rarely sought to enjoin
vertical mergers and have lost every recent case when they tried. Indeed, the FTC is asking this Court to be the first in decades to find a vertical merger unlawful."

🧵1/X
As for the foreclosure theory (withdrawing CoD from rival platforms): they say the court doesn't just have to take their word for it.

"This is the exceptional case where the Court can rely on actions rather than words."

🧵2/X
They point to commitment to bring ABK games to Game Pass; CoD deal with Nintendo; offer to Valve, and Valve said they could rely on Microsoft anyway; various cloud streaming agreements; commitment to EC (but valid worldwide) re. streaming rights; and parity offer to #Sony

🧵3/X
Read 45 tweets
Florian Mueller Profile picture
Jun 17
Activision's stock closed at approx. $82 on Friday, still a huge get spread (offer is $95) and arguably driven in large part by commercial success rather than merger expectations.

It's important to understand the reasons why the spread doesn't reflect deal chances:

🧵1/4
The price is not due to total consensus but the mix of a diversity of views. A week ago large bets were actually being placed on the deal going through, apparently in response to the FTC's decision to schedule a meeting on short notice (to vote on the PI effort).

🧵2/4
Wall St. focuses very much on statistics from the past rather than uniqueness of unprecedented situation.

Had a call with a major fund (not the one who came to London) who believed a TRO would be needed for several months because they just saw that in a far smaller case.

🧵3/4
Read 5 tweets
Florian Mueller Profile picture
Jun 16
Saturday (6/17) at 12 noon Eastern Time / 9 AM Pacific Time / 5 PM UK Time / 6 PM Central European Time: analysis of #Microsoft and #Activision's opposition to the @FTC's motion for preliminary injunction. Their filings are due today (Friday) by midnight. twitter.com/i/spaces/1YqKD…
I will write a blog post about the same subject prior to that Twitter Space, but my blog's audience overwhelmingly has a professional background in this field. The purpose of the Twitter Space is to explain it in basic terms and make the whole topic more accessible.

#UnblockABK
Recording has been activated this time around.

I activated it last time, too, but then accidentally started a new Twitter Space instead of entering the one I had already created. Shouldn't happen tomorrow.
Read 5 tweets

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