To the contrary, the record evidence points to more consumer access to Call of Duty and other Activision content. For the reasons explained, the Court finds the FTC has not shown a likelihood it will prevail on its claim this particular vertical merger in this specific industry may substantially lessen competition. It is to decide if, notwithstanding these current circumstances, the merger should be halted-perhaps even terminated-pending resolution of the FTC administrative action. This Court’s responsibility in this case is narrow. And it entered several agreements to for the first time bring Activision’s content to several cloud gaming services. It made an agreement with Nintendo to bring Call of Duty to Switch. That scrutiny has paid off: Microsoft has committed in writing, in public, and in court to keep Call of Duty on PlayStation for 10 years on parity with Xbox. Microsoft’s acquisition of Activision has been described as the largest in tech history.
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