Analysis: Could Halo Have Changed the FTC’s Fortunes at the Microsoft Trial?
Couldn’t Master Chief Save the FTC?
During the Microsoft-Activision trial, the FTC showcased several games like Starfield and Redfall to support their antitrust case. However, one notable absence was Halo, Microsoft’s flagship first-party title. While being an in-house property could explain its limited presence in evidence, its origins lie with Bungie, acquired by Microsoft in 2000.
A crucial point arose in the judge’s opinion, distinguishing Starfield and Redfall from Call of Duty based on differing release dates and genres. This distinction opens the door to examining Halo, a shooter game spanning various media, as a more suitable comparison to Call of Duty. Halo, originally slated as a Mac exclusive, embodies Xbox’s gaming identity, similar to God of War for PlayStation. The fact that Microsoft created Halo might highlight the case for an antitrust violation, because it did not create Call of Duty.
Phil Spencer alluded to the brand’s appeal in a 2019 email entered into evidence. Gamers come to Xbox for Halo, and they also desire Call of Duty. Despite the FTC briefly mentioning Halo, the accelerated trial prevented them from fully elaborating on its relevance. If the court followed the notion that Starfield and Redfall were inappropriate comparisons, Halo could have served as a stronger example when assessing Microsoft’s Activision Blizzard intentions.
- Halo: A potential “silver bullet” for the FTC, providing better parallels with Call of Duty.
- Judge’s Distinction: Highlighted differences between Starfield/Redfall and Call of Duty.
- Spencer’s Email: Emphasized Halo’s importance in attracting gamers to Xbox, alongside Call of Duty.
An Uphill Battle
The FTC faced an uphill battle due to staffing and funding limitations, despite the rising number of mergers it handles monthly. Analysts often predicted unfavorable outcomes for the FTC, regardless of the validity of their claims. The courts, for now, generally seem aligned with the interests of large corporations.
This acquisition follows numerous sexual harassment lawsuits and investigations, providing an opportunity to bury unfavorable headlines. In contrast, Judge Corley expressed confidence in Microsoft’s commitments, including the ten-year pledge to maintain Call of Duty on PlayStation with feature parity. However, these agreements lack specifics regarding other Activision Blizzard titles like Diablo and World of Warcraft.
Judge Corley remains optimistic about Call of Duty’s potential release on Nintendo Switch and its integration into cloud gaming, even if it affects Sony. It might be bad for Sony, but it will benefit players of Call of Duty. Despite the FTC’s efforts, the court sided with Microsoft.
- FTC’s Constraints: Understaffing and underfunding hampered their efforts.
- Microsoft’s Promises: Judge Corley’s faith in Microsoft’s assurances regarding Call of Duty.
- Limited Scope: The agreement’s focus primarily on Call of Duty, leaving other titles unaddressed.
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