The FTC v. Microsoft trial, though lacking in spicy testimony, had some noteworthy elements that could greatly impact the final verdict. While much of the third day of testimonies delved into debates between lawyers and economists over market definitions, there were two key aspects that stood out. Firstly, during Sony Interactive Entertainment head Jim Ryan’s video deposition, it became apparent that significant portions of the deposition were missing. Similarly, Nvidia general manager Phil Eisner had several minutes of deposition that seemed to span an entire half-day, with multiple segments omitted. The redacted testimonies may contain critical information that could shape the outcome of the trial.
Jim Ryan, Phil Eisler, and the Redacted Testimony
One intriguing mystery revolves around an email mentioned during Ryan’s deposition. This email, sent by Xbox head Phil Spencer to Ryan in August 2022, supposedly changed Ryan’s perspective on Xbox’s acquisition of Activision, leading him to believe it was anti-competitive. Unfortunately, the content of the email was never revealed during the trial, but it might emerge as evidence in the coming days. The undisclosed information within the redacted testimonies, including this email, could be crucial for the ultimate verdict.
The Economists
The testimony of Harvard university economist Dr. Robin Lee added to the complexity of the trial. Initially questioned by Microsoft, Dr. Lee’s cross-examination became chaotic as the discussion revolved around his written testimony and the definitions of “relevant markets.” However, as the FTC resumed questioning, Judge Jacqueline Scott Corley actively engaged with Dr. Lee, displaying a clear desire to understand the workings of subscription services and cloud libraries. On the other hand, Microsoft’s expert witness, economist Dr. Elizabeth Bailey, had the opportunity to present her findings in full, providing clear explanations for her data and methodology.
Despite Microsoft’s strong showing, the trial is far from over. The FTC needs to prove that the anticompetitive nature of the acquisition warrants further investigation before the final showdown in August. Judge Corley, being relatively inexperienced in the gaming industry, adds another variable to the equation. Additionally, the redacted testimonies hold the potential for significant revelations that could sway the outcome of the trial.
For comprehensive coverage of the trial, including daily roundups and in-depth analysis of previous trial days, refer to our articles.
Rebekah Valentine is a senior reporter for IGN. You can find her on Twitter @duckvalentine.
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Basant Kasayap is an entertainment aficionado who delves into the glitz and glamour of the entertainment industry. From Hollywood to Bollywood to regional cinema, she offers readers an insider’s perspective on the world of movies, music, and pop culture.
