If you click on a link and make a purchase we may receive a small commission. Read our editorial policy.

Microsoft admits unconstitutional FTC lawsuit claim was a mistake

"[We] should have dropped these defences before we filed."

Microsoft has backtracked on some of the wording in its recent response to the United States government's Federal Trade Commission (hereon referred to as the FTC).

In December, Microsoft claimed the FTC's lawsuit against its Activision Blizzard buyout was unconstitutional, and specifically violated the Fifth Amendment.

However, the company has now gone back on this argument, admitting it "should have dropped these defences before we filed".

The Eurogamer Newscast News Quiz of the Year 2022!

"The FTC has an important mission to protect competition and consumers, and we quickly updated our response to omit language suggesting otherwise based on the constitution," Microsoft public affairs spokesperson David Cuddy said in a statement to Axios.

"We initially put all potential arguments on the table internally and should have dropped these defences before we filed."

Cuddy closed by acknowledging Microsoft has "appreciated feedback about these defences" and stated the company is now "engaging directly with those who expressed concerns to make [its] position clear."

Microsoft has now issued a new filing which omits the insinuation that the FTC lawsuit violates the United States Constitution.

It does, naturally, still insist that should its ongoing efforts to purchase Activision Blizzard be successful, this buyout would not unfairly suppress its games industry competition.

Meanwhile, earlier this week, FTC lawyer James Weingarten stated the agency is not currently engaged in "substantive discussions" with Microsoft regarding its lawsuit.

You're not signed in!

Create your ReedPop ID & unlock community features and much, much more!

Create account
About the Author
Victoria Kennedy avatar

Victoria Kennedy

News Reporter

Victoria developed a deep love for video games since watching her brothers barrel their way through Goldeneye 007. She will unashamedly spout forth all sorts of niche Zelda lore to anyone who will listen (and even at times to those who won’t), and makes the best pancakes you have ever seen.

Eurogamer.net logo

Buy things with globes on them

And other lovely Eurogamer merch in our official store!

Explore our store
Eurogamer.net Merch