If you're saying Microsoft never told the EU about its intentions to make some Zenimax games exclusive you are wrong.
The EU literally put it in their final report... a section on Microsoft's strategy on future ZeniMax games.
The EU literally also points out that one of the first questions Microsoft answered was about future zenimax games and them being exclusive on November 6th, 2020 in a question that Microsoft and Zenimax responded to. So they knew about possible Zenimax exclusives on Xbox as early as November 6th, 2020. And Microsoft told them again in their Form CO to the EU on Jan, 29th, 2021.
The EU fully accounted for exclusivity as a possibility after the ZeniMax purchase by Microsoft. It's all over their final report. Anyone claiming that the EU was totally blindsided about Xbox exclusives is not reading the full facts, which is exactly why they challenged the FTC publicly.
The EU also concluded that input foreclosure using Zenmax games would not be possible because a sufficiently high number of new players wouldn't switch to Xbox in to make it harm rivals. That's what it means for an input foreclosure to prove damaging to competition.
We literally have people in this thread saying they won't buy an Xbox to play Zenimax games... so the EU was correct!
The EU was not blindsided or lied to about the possibility that Microsoft would make Zenimax games exclusive. They just concluded that, even if they did, it wouldn't cause a big enough rush of users switching from playstation to be considered highly damaging. Microsoft DID in fact notify the EU that their determination on future Zenimax games would be made on a case-by-case basis. Microsoft did not lie.
The EU also seems to understand that Microsoft was referring to existing zenimax games and ones under contract, leaving them available for purchase on playstation after the transaction closed. How could they not know, they literally reference Microsoft's statements about future games in their final report 4 different times.
