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Microsoft Says FTC Block Of Latest Acquisition Is Unconstitutional

 |  January 2, 2023

The allegations against them stem from concerns of anti-competitive behavior should the gaming giant be able to obtain the Call of Duty IP.

In a document created by them as one of the many responses they’ve had and will have against the FTC, the gaming company lays out their arguments as to why the acquisition will not disrupt the gaming industry or ruin competition.

Read more: FTC Files Suit To Block Microsoft’s $69B Activision Deal

The company noted they firmly stood in 3rd/last place among the major console manufacturers. The Xbox company also hit back at the FTC specifically in their long list of other arguments, which aren’t as detailed their primary one regarding competition.

Microsoft states the FTC is both acting in an unconstitutional manner with massive overreach, and that they have violated their rights:

These proceedings are invalid because the structure of the Commission as an independent agency that wields significant executive power, and the associated constraints on removal of the Commissioners and other Commission officials, violates Article II of the U.S. Constitution and the separation of powers.

The Commission’s procedures arbitrarily subject Microsoft to administrative proceedings rather than to proceedings before an Article III judge in violation of Microsoft’s right to Equal Protection under the Fifth Amendment.

The Commission’s procedures violate Microsoft’s right to procedural due process under the Due Process Clause of the Fifth Amendment.