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Microsoft’s purchase of Activision Blizzard is leaving one of the most controversial legal soap operas in recent years. Both the two companies and Sony are leaving an image that often borders on the absurd, causing widespread boredom among some users. And if a few weeks ago Sony refused the FTC’s request for the presentation of the necessary documentation to study the case, now it has been the turn of Microsoft and Activision Blizzard.
The lawyer for the American competition agency has demanded that both companies must provide documents related to the requests they had previously made, corresponding to sections 1, 3, 6, 11 and 16 with regard to Microsoft; and sections 1, 2, 5, 7 and 8 regarding Activision Blizzard. However, both they have used the same excuse as Sony used at the same request from the FTC.
Microsoft and Activision respond to the FTC’s request by assuring that it is somewhat redundant and onerous
Although it is true that Sony on that occasion used as one of its arguments that the documents had to be translated from Japanese into English, the Japanese company also assured that the documentation required by the FTC (due to Microsoft’s insistence) was redundant and would be too costly for what it could contribute. And precisely this has been the argument used by Microsoft and Activision on this occasion.
Both Microsoft and Activision oppose seeking or submitting documents in response to Class Counsel’s requests for proposals, claiming that such requests duplicate documents requested and submitted during the pre-suit investigation phase.
According to the FTC, both companies have refused to offer such documentation because it is something they already provided in one of the previous investigation phases. However, it has been highlighted that the fact that similar documents have been requested during the investigation does not prevent the plaintiff from being able to make use of its right to demand as many documents as it deems appropriateYes, nor does it exempt the defendant from delivering said evidence.
Multiple FTC lawyers leave the agency in record time due to disagreements with its President, Lina Khan
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Therefore, both Microsoft and Activision will be forced to provide the required documentation in the FTC’s request, just as previously happened to Sony with the documents that Microsoft considered completely necessary for the investigation, and that the judge in the case demanded from the Japanese company.