Microsoft loses bid to pause gamers' lawsuit over Activision deal

A U.S. judge in California on Thursday turned down Microsoft Corp's bid to freeze a private consumer antitrust lawsuit over the company's $69 billion deal to acquire "Call of Duty" maker Activision Blizzard Inc while a related regulatory challenge to the deal plays out.

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TheCaptainKuchiki65d ago

I'm surprised MS' powerful lawyer didn't manage to stop it.

S2Killinit65d ago

Hehe believe it or not we do have a working justice system.

DarXyde65d ago

Sometimes. Very rarely, but sometimes.

Personally, I just think their attention is focused on other aspects of the deal and this didn't get the full attention of the lawyers, but who really knows.

Deathdeliverer65d ago


it has its days… definitely wouldn’t say all the time.

CobraKai65d ago

Gives the lawyers time to find the loopholes

Orchard64d ago

They weren’t even asking to stop it - they were asking for a delay.

They will however ask for it to be stopped at the preliminary hearing in March for sure.

Eonjay64d ago (Edited 64d ago )

This is correct. Their claim was that the case would be ruling on a similar issue and that different rulings could create confusion but I doubt that would happen as they said (because I don't expect opposing rulings). They lost the motion to stay because they already agreed to move the case forward with the plaintiff's attorneys. Microsoft agrees to push the close to at least March 31. The reason is because the preliminary hearing is on March 23rd. And typically it takes 7;day for orders to be transmitted. If Microsoft can not get the court to dismiss the case I don't see how this deal closes by June. In fact the injunction to block the deal would 100% put this deal in danger. I wonder if it would case either party to seek a stay in the FTC case.

FinalFantasyFanatic64d ago

MS' team of lawyers, I doubt they had only one lawyer working on it.

oIMyersIo65d ago (Edited 65d ago )

I wonder if the opinions displayed by the members on this site would be the same if Sony were the ones trying to buy Activision Blizzard.

jznrpg65d ago

I don’t want Sony buying Activision at all. Buying them would bring nothing new .

Nyxus65d ago

Agreed. Would be a waste of money.

CobraKai65d ago

Agreed. Sony’s own offerings are far superior than Activision’s IPs; some of which used to be Sony exclusives ironically.

Orchard64d ago

@jznrpg By that logic buying Bungie was pointless too.

@Cobrakai “ Sony’s own offerings are far superior than Activision’s IPs”

Not in revenue and popularity they aren’t, not even close.

arkard64d ago


Sony wants online games and if buying bungie means a developer doesn't get pulled off a so project I'm all for it... Though I do think they overpaid for bungie.

Orchard64d ago

@arkard I agree, but he wrote:

“Buying them would bring nothing new”

Buying Bungie brought nothing new either - unless we’re talking about future games, in which case, both Activision and Bungie will obviously make new games in the future, therefore both acquisitions “bring something new”.

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SullysCigar65d ago

Well, you're a member on this site, are you not? I fully expect you'd be singing a different tune if the shoe were on the other foot, so in answer to your question, let's go with 'no'.

Microsoft have already taken established franchises away from Sony. It's likely they would do so again if they were successful in buying up this huge publisher. Why? Because they said they wouldn't before, but they lied and did it anyway.

Shall we talk about what happened with Sony's purchase of Bungie next and how no games were removed from Xbox?

oIMyersIo65d ago

I have both a PlayStation and Xbox and have been more of a Sony gamer since I was about 6 back in 1999 so to respond to your incorrect assumption, the problem here is that the hive mind assume anyone saying anything positive about Xbox and negative about Sony must only own an Xbox and must be paid for by Microsoft and must be a hypocrite if things were on the other foot.

This is a dumb statement,

“ Shall we talk about what happened with Sony's purchase of Bungie next and how no games were removed from Xbox?”

What games have been removed from PlayStation? Oh that’s right, none. What will be removed? Oh that’s right, none - as outlined in the agreement.

Bungie is already rumoured to be working on a new title and there’s no word on if that’s coming to Xbox consoles or PC yet. They only really currently have…Destiny.

SullysCigar65d ago

^ What games have been removed? Um, let's see, so far... Elder Scrolls 6? Starfield? Just the little stuff then...

And no, the problem isn't the "hive mind assuming", nor did i assume you don't own a PlayStation. The problem is you get uppity every time this acquisition is discussed and you defend Microsoft to the hilt. You also get upset when people have a different opinion, I've noticed. People that are genuinely impartial tend to be more balanced.

Do you want some quotes from your recent comments, or you good?

This acquisition isn't good for any gamers, but it is bad for some. It's that simple. It's not about sides, it's not about console wars or preferences. And yes, Destiny is still on Xbox and will always be - there's a difference there that should be acknowledged.

oIMyersIo65d ago


Your name is literally SullysCigar - says enough about your stance alone.

Ah so you’re talking about Bethesda then & not the topic: Activision? Noted. You do love to pick and choose your battles with moving goalposts.

“Defend Microsoft to the hilt”
Just yesterday I spoke about the state of Halo & have praised Sony in the past as my main console and platform of choice but hey, you do you.

It’s quite sad really that you went through my comment history and sarcastically suggested providing examples, but I guess those will be hand picked too and will exclude any examples of Microsoft criticism and Sony praise. It’s okay, you defend Sony to the hilt. I’ve noticed. ;)

So did Sony outright say the Destiny franchise will remain on Xbox? I am unaware of any such claims outside of the existing Destiny 2. I do know D3 was rumoured to be in development but it’s yet to be seen. Either way it doesn’t matter, this site has a bias, regardless of what you may claim that most people are “generally impartial”. Where?

Regarding me getting “uppity” whenever someone has a different opinion. Pot meet kettle anyone?

porkChop65d ago (Edited 65d ago )


TES VI and Starfield did not have any announced platforms. This has been explained a million times. Obviously those games would have come to PS, but they can't be "taken away" if the platforms were never announced. We're talking in terms of legality. MS broke no promises and made no lie regarding the Bethesda acquisition.

Now regarding Activision, no Xbox doesn't need them. I get that Candy Crush and COD Mobile literally print money with relatively tiny upkeep, but it's still unnecessary. They have more than enough devs and franchises. It would be better if COD stays multiplat forever. Same with Diablo.


I believe Bungie dictated in the deal that all their future games would be multiplat. Not just Destiny. Honestly, the fact that they got Sony to agree to that *and* pay $3.6B is incredible. Just a year prior they were trying to get MS to buy them for $2B and MS said no.


@SullysCigar If PS5 versions of ES6 and Starfield never existed, then is it accurate to say these games were "removed" from Playstation?

You can't lose something you never had 🤷

oIMyersIo65d ago


There’s absolutely no point. You can’t have a civil debate with a hypocritical fanboy who uses immature sarcasm in their responses.

shinoff218365d ago (Edited 65d ago )


The hive mind is a cute generalization but it's not completely accurate. I've disagreed with other Sony fans on here as well as Xbox fans. I'm sure some disagree with me also. It may seem like that to the Xbox fans but did anyone ever think that Sony just has a bigger fan base. Not literally but say for every Xbox fan on here there's probably 5 Sony fans.

I personally prefer sonys games but I game on all three with the switch being my least favorite.

Like has been stated. I don't think it would've been cool if Sony bought acti either. Plus I don't even like cod. I think military shooters are overdone since the ps3 360 days and I just won't play them. Borderline despise them. Ms claims it'll keep things multiplatform but we aren't stupid. It wouldn't be the first time ms bs Ed a situation. As far as bungie I'm sure at some point they will make a game that's exclusive especially if the acti deal goes through.

MeteorPanda64d ago

Sony at least makes titles.

MS buys many developers and buries them. Their I.P's become shovelware

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neutralgamer199265d ago

The only game Microsoft are guaranteeing will stay on PlayStation is Call of duty every other franchise will be exclusive to Xbox just like when they bought Bethesda all those games are now exclusive so what the hell are you talking about

oIMyersIo65d ago

Is that in writing? Is there anywhere they said games will all become exclusive? So I put it to you, good sir, wHaT tHe HeLl ArE yOu TaLkInG aBoUt?

shinoff218365d ago

Starfield was definitely being developed for ps also. If you say it wasn't your lying to yourself.

oIMyersIo65d ago

Apparently @shinoff has the inside scoop regarding what projects are in the works.

neutralgamer199264d ago


Ok my good sir so you mean to tell me before the acquisition talk, Bethesda did not want to release games on PlayStation even though that's where their games were selling the most?

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DarXyde65d ago

If they're principled, sure.

I love PlayStation and I can appreciate most of their acquisitions as being fairly innocuous. They acquired Housemarque and had them make a game that was far beyond the scope of their usual titles and Insomniac despite PlayStation owning the IPs (Ratchet, Resistance). I don't think Bungie was a good pickup frankly because they don't have that clear chemistry with PlayStation. They say nothing will really change and they'll still be independent... But I always approach that with a skeptical "we'll see".

That said, Sony absolutely should not get involved in this large publisher purchase war. I just find it ridiculous. I'm hoping we don't get to the point where Sony is buying them just to stop Microsoft from owning them. The politics of gaming have truly made this generation turn from exciting to miserable, honestly.

oIMyersIo65d ago

Returnal was great, for sure and really showed what Housemarque is capable of as a studio.

I agree with your point about the Bungie purchase, it seems…strange BUT I’ll wait and see what the new IP they’re working on turns out to be as there may be more to it than just purchasing for Destiny.


I wasn't a fan of the Bungie acquisition either, but I understand why it was necessary. AAA game development has skyrocketed. Sony needs live service games with recurring revenue streams to fund their big budget single player games.

shinoff218365d ago

I agree when news broke Sony bought bungie I was wtf in my head. I don't like it personally but if it's their plan for those destiny type games whatever im sure theyll make the money back.

DarXyde64d ago


In my view, the purchase of Bungie is kicked off in the same way that the purchase of Mojang was kicked off: a game was made (Destiny/Minecraft), a console manufacturer saw potential, and went all-in. Not the best strategy in my opinion, but it is what has occurred and where we are now.

I am sure the acquisition will serve more of a purpose for PlayStation than owning Destiny. I fully expect them to helm some future FPS titles. Personally, I think they want them to take over Killzone and create a live service title. I think that would actually be much better than asking Guerrilla Games to do it. I'm not an FPS gamer, but I've played Killzone 2 which I thought was pretty good, but overall, I always felt that FPS titles are not Guerrilla's expertise. Very clearly a talented studio but perhaps mismatched. Now, they've gone on to create Horizon and that feels like their calling. Phenomenal games and I thoroughly enjoy them. Now, with Halo in a...let's say 'vulnerable' state, who better to perfect Killzone, the series once called a "Halo killer", than the original creators of Halo themselves?

So to your point, indeed, we will see. My gut feeling is that it will absolutely be more than just acquiring Destiny.

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frostypants65d ago (Edited 65d ago )

If you are at the point of relying on projecting hypothetical scenarios on your opponent, you already lost the debate.

And why would anyone want Sony to buy Activision? It wouldn't be good for anyone on the consumer side. It would only be good for Sony. I'd rather they spend that money on less established studios where it would result in games that the studio otherwise couldn't afford to develop. Which is what Sony generally does...

In short we aren't having this conversation about Sony buying companies like EA because they DON'T do crap like that. They make value-add acquisitions. Not glorified IP buyouts.

oIMyersIo65d ago

Literally what everyone crying about the Activision Blizzard merger is doing. There’s nowhere that it has been stated games will he made exclusive to date, nowhere.

shinoff218365d ago

Ms set the precedent with zenimax , it's almost a guarantee that acti games will be exclusive.

Can't really say what Sony would do because they've never bought a multiplatform publisher

crazyCoconuts65d ago

After what MS did with Bethesda/Zenimax I'd rather Sony own them than MS. But no, I think they should remain independent

oIMyersIo65d ago

Finally! Someone who gets it.

SullysCigar64d ago

^ Yeah, quite a few of us do. Take your time, drop the bias and you might too, eventually.

darkrider65d ago

If Sony did this. Was buying publishers. Then I would say the same, but I hope Microsoft gamers don't say single thing when Sony get a publishers. For me, it will be inevitable, because of Microsoft..

SullysCigar64d ago

This is the very reason the deal shouldn't go through. It's exactly why the FTC and CMA are concerned. If they let it proceed, it sets a precedent and before you know it the gaming industry is faced with the same issue that social media has ended up with, because you've created an oligarchy.

There are too many numpties playing console wars and not seeing this.

Gamingsince198164d ago (Edited 64d ago )

I know mine would be the same, I would say "why spend 70 billion just to keep games off one platform" but Sony aren't such a scummy disgusting company hellbent on ruining gaming so I guess that doesn't even matter in the end.

TheKingKratos64d ago

Why would i ever want Sony to buy a 3rd party studio ?! .... They have their own studios and when they buy something it usually a 2nd party studio who worked with Sony only

They are not good guy Sony company is ... But they are not as dump as Microsoft who think Money will fix their laughable Xbox problems

Orchard64d ago (Edited 64d ago )

- Commented on wrong thread -

Profchaos64d ago

I'd hope so as someone who has been going this doesn't happen I don't want Sony, Microsoft, epic, steam or Nintendo to be the ones buying a large published again it restricts our access to games in the future ongoing.

Spyro 4 on switch forget about it Tony hawk Pro skater 3 remake on PlayStation not happening. They are bigger than cod in fact if Microsoft simply brought out the rights to cod or their mobile games like they claimed they were after I think most people wouldn't lose any sleep over it.

But they are buying a publisher who has been active since the very start of the industry Activision used to make games for the Atari 2600 that has to tell you they have a large dormant back cat they have seen hardware makers come and go.
Should Microsoft be able to buy the whole thing I feel they shouldn't but no one should unless it's another publisher like take two who will keep everything independent

Crows9064d ago (Edited 64d ago )

Well look at the reaction to buying Bungie. It wasn't a good reaction. Pretty sure it would be the same. There's this fake notion that Sony fans tend to double back on what they say. That's only the case with Xbox fans.

Just look at the divide on tlou2. That shows you there's no blind fanboyism.

Starfield and elder scrolls have been already labeled as Xbox exclusives and not coming to PlayStation. That's 2 IP that have been removed.

rlow164d ago (Edited 64d ago )

@CobraKai So your saying Sony can compete and really don't need Activision.

neutralgamer199264d ago

Games that Ms will take away from PlayStation

Next fallout
Elders scrolls

So again I ask how are they not taking games away from PlayStation? The only game they will keep on PlayStation is COD. But I think losing fallout and elders scrolls is just as big of a loss so is Diablo


Sony paid half of that cost to keep the talent under contract. The actual cost of Bungie was 1.6-1.8 billion. This information is available via a simple Google search

oldenjon64d ago

Sony wouldn’t try to buy activision duh

Eonjay64d ago

Yes and no.

Yes because market consolidation will lead to a contractor of competition and innovation. This right there should be something we all understand and agree on as unwanted.

No because Sony isn't a trillion dollar corporation. Under no circumstances does Microsoft need to buy the market to be competitive. Sony is 1/20 the size of Microsoft. Let that sink in. Microsoft could under the correct direction and leadership create its own content and attract people to it's service. Instead they are going to remove choice/competition
and sell it back to you in a subscription.

Dirty_Lemons64d ago

They don't need it. Sony have been making quality first party, in house games for years.

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darkrider65d ago

Strange the triilion dollar company with the best lawyers money can buy. Funny, there was someone here saying and making fun that this would be immediately crushed...

oIMyersIo65d ago

Just like all of the armchair developers on this site, there’s a lot of armchair lawyers and crystal ball owners, it seems.

Orchard64d ago (Edited 64d ago )

Your first sentence there is exactly why this deal is going through.

And it will likely be crushed once it reaches court - this weeks hearing wasn’t about crushing it - it was about setting a date for the preliminary hearing. Crushing cases is what preliminary hearings are for.

If you’re hoping for 10 random gamers to be able to kill this deal in a U.S. court… you’re really reaching desperately.

blackblades64d ago

You keep saying it'll go through but what happens when it doesnt go through what will you say then.

MrDead65d ago

MS are only buying up these publishers so they can take the IP's they want absorb them into the xbox brand and then close down said publisher. I bet in a few years Bethesda will be gone and MS will take titles like Fallout, Doom, Elder Scrolls, etc and ditch the rest. They do it in all other areas that they slime their way into so why will gaming be teated any different by them?

Lets hope the courts can stop this tax dodging tech giant from buying up and monopolising yet another industry.

giovonni64d ago

MrDead, that’s simply not true. Microsoft has done the opposite. For example, Rare was acquired and have since released new IPs as well as revived older ones, and Rare wasn’t shut down. Next, why would a company ‘s main focus be on products that don’t maximize profits? All businesses “trim the fat” of their acquisitions for cost effective measures. fact remains this is nothing new this is the nature of business, big bank take little bank. And please provide proof that Microsoft is monopolizing the industry

giovonni64d ago

@EvertonFC provide the evidence of it.