this post was submitted on 16 Jul 2023
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Meh. From my antitrust course in law school (which was admittedly a long time ago), nothing about this screams antitrust. I don’t see that this deal gives Microsoft monopoly power over any defined market, and Microsoft definitely hasn’t flexed any existing monopoly power over the gaming space.
Certainly Microsoft has a history of anticompetitive action and flouting monopoly power whenever it has the chance in a sector. But I don’t see this deal as giving Microsoft a vertical or horizontal monopoly. It’s just typical consolidation within the industry. It’s not for consumers, but it isn’t the result of illegal price fixing type arrangements between competitors or using an existing dominant market share to overpower the market. That isn’t illegal. That’s just a shitty industry with shitty practices.
The best argument against allowing the deal to close, under US law, is likely targeted towards the cloud and subscription models. Microsoft really does seem to have a huge edge there. But I’m not sure anyone in the industry (except Epic Games) wants to challenge the subscription practices on another player’s hardware.