Microsoft Challenges FTC's Constitutionality

In a recent development, Microsoft submitted its response to the US Federal Trade Commission's antitrust complaint regarding its proposed acquisition of Activision Blizzard. The response, which spans 37 pages, reiterates several arguments previously made by Microsoft, including its lack of incentive to make Call of Duty exclusive and its desire to expand its presence in the mobile gaming market. Microsoft also countered Sony's objections, stating that antitrust laws are not intended to shield the dominant market leader from competition. However, Microsoft initially challenged the FTC's constitutionality, arguing that the Commission's structure and powers violate Article II of the US Constitution and the separation of powers. Additionally, Microsoft took issue with the FTC's practice of having administrative law judges hear complaints, citing a violation of its Fifth Amendment right to a neutral arbiter. The company has since retracted these allegations, maintaining its other arguments that the acquisition will not harm competition in the gaming industry.