@FT correspondent in San Francisco, writing about Apple and the chip companies. Reach me at michael.acton@ft.com
Jun 29, 2023 • 100 tweets • 13 min read
#Microsoft #Activision - this is it. We're heading to closing statements. Courtroom filling up. I'll tweet as much as I can here 👇
Whether a title from Zenimax is exactly like it or not – what experience shows is that if MS as platform owner controls – will use
“Will use that content in the way to make the most money”
Does not require any more complicated theory of behavior than that
Jun 27, 2023 • 73 tweets • 9 min read
#Microsoft #Activision - I'll be tweeting from the trial again today. Currently outside the courtroom where it's a little quieter than last week. Phil Spencer just turned up.
We're going to get video of depositions of Sony's Jim Ryan, and Nvidia's Jeff Fisher and Phil Eisler.
Robin Lee, the FTC's economist, is set to appear in person.
Experts matter, especially in bench trials. In fact they can make or break a case.
They provide the intellectual framework for antitrust cases which are - at their core - quite academic exercises for judges.
FTC lawyer is walking him through his role, and the Xbox ecosystem.
He's in charge of the decisions of which games go exclusive. Responsible for multiple game studios.
Jun 15, 2023 • 10 tweets • 2 min read
#Microsoft#Activision - refresher thread for those who may not be familiar with the legal jargon here.
To win a preliminary injunction blocking a deal, FTC does *not* have to show it's anticompetitive.
Instead, the judge assessing the case has to do three things:
1 - Decide if the market definition makes sense
2 - Determine whether there's a "likelihood of success on the merits"
3 - Balance the equities
Jun 14, 2023 • 8 tweets • 2 min read
#Microsoft#Activision: thoughts on Judge Corley, who will decide the fate of the deal.
I spend a lot of time covering the federal judges out here. First point - she's nice.
Never loses her temper with lawyers and I've never seen her in a bad mood. Not true of all judges.
She's also very patient and encouraging with young lawyers arguing for the first time.
I've seen her get into some lively debates with lawyers. But tone is important. Expect some good-natured quips at next week's hearing (which make for good copy - some judges just listen).
