Many people thought we had already left all the drama of the FTC behind. We were not so optimistic. When it comes to big corporations, it’s rare to leave behind legal proceedings, monopoly accusations and, to be frank, doing whatever they want without considering anything beyond their whims. And that’s exactly what has happened with Microsoft. Specifically, with Game Pass.
Recently, Microsoft announced its intention to change the different levels of its Game Pass. This move has not been well received by users or analysts, who see it as an anti-consumer move. It has been nicknamed the Call of Duty fee. This is something that the FTC agrees with, and that has led them to appeal to the courts.
After the courts allowed Xbox to acquire Activision Blizzard last October 2023, the FTC, the US Chamber of Commerce, was not happy with the decision. Now they have presented evidence for their claim, among previous evidence, how these changes regarding the Game Pass come from allowing the acquisition.
They specifically say that this is “product degradation – removing the most valuable games from Microsoft’s new service – combined with a price increase for existing users, exactly the kind of consumer harm that the FTC alleged this merger would cause.” They emphasized that “this price increase coincides with the inclusion of Call of Duty in the most expensive Game Pass option, and the discontinuation of the console option that will occur shortly before the release of the new Call of Duty.”
While according to Microsoft’s lawyers these statements are “factually incomplete,” they also do not clarify how they are not true. How this will turn out is something that only time will tell, as the possibility of the judge deciding to revoke the merger between both companies is still on the table. That’s why, even if you thought the Xbox legal drama was over, we’re afraid we still have months or years of appeals ahead of us.
