Just read Florian’s latest tweets that the judge is looking into a bond from the plaintiffs in case they get a injunction that then gets overturned and they have to pay damages. The bond would be for $3bn and the amount could be higher
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It goes to show how bad the legal system is in the USA that this hasn’t been immediately thrown out. I mean come on…you guys are a complete shambles. This wouldn’t see the time of day anywhere else.
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So that means these lawyers would have to go into bankruptcy if they got an injunction and then it was later ruled against?
Why would anyone gamble that?
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Not exactly. Someone would have to put up a bond at the amount of potential losses. The lawyers and plaintiffs wouldn’t be given that by any financial institution because they would need collateral to that amount which unsurprisingly they don’t have. It would only be paid out to Microsoft if they got an injunction that blocked the deal, ABK said we are walking away at the July 15th date and then the court reversed the injunction and made the plaintiffs pay. Seems it’s a way for the court to make these idiots walk away but that’s my laymen take
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Ha. To be clear, the University pays for my Bloomberg terminal. We spend $100,000 per year on Bloomberg for me, the other finance faculty, and student access. We also subscribe to the usual academic databases, but (as far as I know) Mlex is not among them. None of the faculty typically do regulatory-based research, so we have never really had a need for it before.
I could probably get the school to pay for it, but would have to go through the budget process, gain approvals all the way up the chain of command, etc. So, it is was “easier” just to do without it for these projects.
Edit: For those who don’t know, Bloomberg access is normally about $2,000 per month per user. Thankfully, they have an academic deal that effectively grants a 75% discount. But even with that my personal Bloomberg access costs my employer $500 per month. So, I’m grateful for what I have. Ha.
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lmao 
that makes more sense.
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As someone who spent years fighting a suit on my end, you have no idea… but yeah, it’s terrible (don’t even get me started on the racial inequalities so many like to pretend doesn’t exist).
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Is public opinion really going to sway regulators at this point? I’m not really sure what the point of something like this is.
The endgame is so very near.
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Subliminal messaging works. Positive reinforcement creates positive vibes and, even if not directly involved in decision making, does get factored into how someone feels about something.
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Seems like a loophole to advertise Call of Duty and associate it with Xbox without a marketing deal to me.
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Pretty much. Microsoft knows better and that’s what they did.
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Hopefully they can clear this all up asap.
Sony is looking more and more pathetic with each day, especially considering how well they continue to do all across the world.
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All anyone has to do is look at the FTC and well, that explains the entire legal system in the U.S. None of them know what the hell they’re doing.
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Sony look pathetic for getting involved with this “gamer’s lawsuit”. Funny how quickly they can provide docs here with no subpoena needed.
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Didn’t they initially lose this if so didn’t it cost these people that wasted their time with his lawsuit 10 grand each or combined
New update per Idas dropped; yet another legal analysis on why it’s not looking good for the FTC:
Assuming precedent remains consistent, it is clear that the current FTC complaint suffers from similar defects to that in Meta Platforms. While the FTC will succeed in defining a market definition and showing a prime facie case of anticompetition, additional scrutiny will likely favor Microsoft.
First, it is likely that there will be little dispute over market definition — the FTC has stated that the merger is vertical, and given vertical mergers are often less harmful than horizontal, this is unlikely to pose a point of controversy. Moreover, Microsoft’s current response acknowledges the FTC’s concession.
Second, just as in Meta Platforms, it is likely that a court will find sufficient evidence to allow the FTC to move to additional scrutiny. Microsoft certainly has the ability to harm Sony — at least in theory — by restricting access to Call of Duty.
And while Microsoft has not identified alternative products to substitute Call of Duty, it has offered to provide Sony with the game, as it already has done with Nintendo Co. Ltd.
However, a court would still likely agree there is some evidence of possible harm, given other games that Activision controls, including Diablo and Overwatch.
However, the FTC’s arguments that the merger would in effect substantially lessen competition will likely fail. The FTC has only provided speculation about what Microsoft could possibly do, theoretically engage in monopolistic behavior without providing any evidence, direct or circumstantial that they would.
While Microsoft could rescind access to Diablo and Overwatch from Sony, there is no evidence it will do so. In fact, circumstantial evidence points to the very opposite conclusion, Microsoft promising to provide Sony with Activision’s Call of Duty, which undercuts the theory of monopolistic behavior.
Microsoft may also be able to point out counterfactuals to demonstrate a merger with Activision will not threaten the current marketplace. As Microsoft has argued in their response, both Sony and Nintendo represent the majority of the market; moreover, Microsoft’s Xbox continues to lag behind Sony and Nintendo.
If Microsoft can effectively demonstrate the relatively superior market representation of Nintendo and Sony, it is unlikely that the FTC will be able to demonstrate monopolistic behavior.
Finally, a number of academics have also noted that courts actually examine the effects on consumers as a whole, rather than competitors. Should this be true, it is even less likely the FTC will prevail, given Microsoft’s relatively weak market position.
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