Not my post however this actually makes sense and comes from someone who actually knows what they are saying, disregardinf fanboyism
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Thats a pretty specifically worded statement that if it came from Sony directly (which the WSJ claims) was likely vetted by legal and PR teams before being made. They didn't reference a contractual agreement to blow smoke, as doing so is investor fraud and one of the few white collar crimes actually enforced (because executives can lie to you and me but they sure as fuck can't lie to the investor class).
My guess is that the co-marketing deal is through the end of the generation or some similar term and Sony knows that between the 12-18 month review and approval process and the existing co-marketing deal that CoD being exclusive to Xbox isn't a PS5 problem, its a PS6 problem, i.e. half a decade down the road.
Potentially the same for Overwatch. Blizzard was selling franchise licenses to speculative owners and there is a high likelihood those speculators had contractual language ensuring a broad base for the IP. The market value of an e-sports franchise that isn't playable by the current market leader's audience isn't going to be of the same net value as it was when universally multi-platform.
Anti-trust isn't just about top line market share. A lot of older industries are regulated by regions, market segments, etc.. My company was denied purchase of a competing facility owned by the national market leader that runs entirely thanks to a cooperative deal we have in place, with 90% of its "product" being from our front line and into our end facilities because we were far and away the market leader in the county (not state, though we're that too, just not by as much) for those services.
If MS catches a savvy and progressive assessment team they could pretty easily make a worthwhile case that Microsoft adding Call of Duty and Overwatch to Halo, DOOM, and Gears would provide a significant market advantage in online/competitive shooter space specifically and in the FPS genre at large, both significant segments of the market.
Thats what anti-trust really amounts to. Does the team catching this at the FTC have the perspicacity to split these hairs, the desire to do so, and if so does the argument hold merit enough for a judge to agree.
If the FTC team on this decide to go after it they'd be able to make some real lop sided looking pie charts within specific segments of the VG industry. They probably won't as the FTC are largely a bunch of old heads who don't get IP power at all, but who knows, Biden's admin claims they're turning things around.
Depends on the terms. For something like Activision and CoD, where CoD is basically all they currently make under the main Activision banner and they have an extensive co-marketing deal Sony could pretty easily:
1. let MS violate the terms.
2. see a CoD release as an Xbox exclusive despite existing contract requirements being violated.
3. argue that damages caused irreparable harm to the Sony brand.
4. require that future CoD releases would only increase the harm and therefore a stay on all future CoD releases is required.
5. Literally make up a mythological number for damages that MS would then be obligated to pay.
6. MS can then either pay Sony billions and go back to honoring the contract or appeal/challenge repeatedly, likely ultimately still lose, and not get to make any money off CoD until its resolved.
We've had multi-billion dollar copyright infringement cases in recent history for the smartphone sector (Samsung caught quite a few specifically) over things with less demonstrable damage than pulling the #1 selling game off a platform despite a contract requiring the exact opposite.
But MS' executives would never intentionally violate a contract like that because while they wouldn't "go to jail" they would massively fuck up the operations of the trillion dollar company and a multi-billion dollar division within it that they've been entrusted with running.
And because they aren't absolute fucking morons."
www.wsj.com
