Are we really on this topic that Microsoft didn't mislead the regulators or misrepresent their intention about making Zenimax games exclusives?
Microsoft DID. Here is the proof. I'm gonna clear this once and for all.
I know certain people will just ignore this post and start this argument again after 10 pages in bad faith. So I'd recommend bookmarking this post and quoting it again when it (inevitably) happens again.
This is from the EU Microsoft/Zenimax acquisition document:
- The Notifying Party in this document is Microsoft.
- Microsoft says that a significant share of Zenimax game sales will happen on PS5, as compared to XSX.
- It is evident that they are talking about future games (not old games that are available on PlayStation). Or do the naysayers think that Dishonored and Wolfenstein on PS5 (not PS4) would outsell Starfield, Redfall, Hi-Fi Rush, and Elder Scrolls 6 on Xbox Series X? (lol! please say you do!)
- So the argument that Microsoft was only talking about "old Zenimax games" is bullshit. It has been proven wrong here.
- "Hypothetical console exclusive strategy." This is an industry-standard term that is applied to games that are exclusive to one console and have not been released on other consoles until the point of discussion.
- Here, Microsoft defines scenarios, and until those scenarios occur, Microsoft says that a console-exclusive strategy will not work.
- The time-frame for measuring whether Microsoft has achieved those scenarios or not was 5 years. However, they made their games exclusive 2 days after the acquisition closed. Why didn't they wait for 5 years as they implied they would?
- Microsoft clearly implied that it is extremely unlikely that they would ever achieve these results / hit those scenarios. That means they are extremely unlikely to engage in a console-exclusive strategy.
Microsoft Was Not Only Referring to Older Zenimax Games
Here is another proof that Microsoft referred to older as well as newer games.
- Cease (m. bring to an end) refers to pulling off games that are already available, i.e., Wolfenstein, Dishonored, Fallout 76.
- Limit making (m. the process of making or producing something) refers to stop making Zenimax games for PlayStation, i.e., Starfield, Elder Scrolls 6, Redfall, Hi-Fi Rush.
The Case-by-Case Basis Argument Is Also Wrong
Microsoft never said to EC that they would take it case-by-case basis or will make some exclusives while keeping some multiplatform.
According to Microsoft, their future strategy regarding Zenimax games was not engaging in a
"total or partial" foreclosure strategy.
The CMA also called out Microsoft's misrepresentation of their intention
"Zenimax games" -- nowhere does it say "old or existing Zenimax games."
Is Starfield a "Zenimax game?" Yes. That means it meets this definition and, therefore, counts.
Edit: Thanks for the Gold,
@Bonsaibäumchen