Standing outside the metaphorical front door, I must tell you with a hat in hand and a sad expression on my face, that 10 gamers were killed in battle. Microsoft has settled with them "with prejudice" in court. They are still alive. If you're not up to date, in December 2022 a group of ten Call of Duty fans sued Microsoft for antitrust violations opposing the acquisition of Activision Blizzard by Microsoft for $68.7 Billion.
The suit claimed that the proposed acquisition would give Microsoft a dominant position in the gaming market, giving it the most iconic franchises and must-have games. Microsoft would be able to deny rival console gaming companies important inputs by making Activision Blizzard’s important catalogue of titles, including Call of Duty exclusive to Microsoft platforms, or even partially exclusive.
The lawsuit was dismissed in March 2023 after a judge ruled that the plaintiffs failed to prove that it was "reasonably probable" that Microsoft would only make exclusive games like Call of Duty, and that their evidence was unpersuasive.
They could refile the action which they did. However, their request for a preliminary injunction to stop merger dead was denied by the court in May 2023, because "nothing on the record suggests that upon the merger Microsoft will be able to do anything that would make these Call of Duty games currently owned by Plaintiffs stop working, let along that it would."
The exact terms of the settlement are not clear, but it is evident that the suit was dismissed "with prejudice", according to Hollywood Reporter. This means the suit cannot be refiled.
I'm speculating here, but I don't think these gamers have done anything to sway a company wealthy enough to spend $68.7 Billion on a purchase. For now, we only know that the lawyers have agreed to "each party shall pay their own costs and expenses" - the details will remain under lock and keys for some time. Microsoft may have thrown money at this headache to make it disappear, but it has that in spades.
I'm being a little blithe here, and it's mainly because the image of ten Call of Duty players stomping into a courtroom to trade fisticuffs is pretty funny. (I wonder if Bill Gates has brass knuckles with him, just incase). The actual consequences of this purchase have been far less humorous.
Microsoft has cut 1,900 jobs since the acquisition at Xbox and Blizzard, and closed several studios. This includes the creators of Hi-Fi: Rush, and Arkane, two of the most successful games of all time. Another 650 layoffs followed in September this year. It's a bit of bloodbath. But it's not all bad. Microsoft is notably pro-union. It allowed Blizzard to have a World of Warcraft team of 500 people. Each $68.7 billion dollar stack has a silver lining.
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