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In the present day the United States District Courtroom Northern District of California has printed a joint assertion itemizing the trade professionals and guide known as to testify by each the FTC and the Microsoft/Activision Bloc through the upcoming listening to to rule on the preliminary injunction requested by the regulator on the proposed acquisition of Activision Blizzard by Microsoft.
In addition to a few skilled witnesses in a roundabout way concerned within the trade and one representing an organization the efficiency of which hasn’t been precisely stellar, this countless saga is definitely going to see its climax with an all-star solid together with Microsoft’s personal Phil Spencer, Satya Nadella, Matt Booty, Sarah Bond, and extra, PlayStation boss Jim Ryan (albeit he’ll intervene solely through video deposition), Nintendo’s VP of writer and developer relations Steve Singer (additionally through video deposition), and Activision Blizzard CEO Bobby Kotick.
The doc begins with the witnesses summoned by the FTC.
Phil Eisler (Vice President and Common Supervisor of GeForce NOW Cloud Gaming at Nvidia Corp.).
Plaintiff is asking Mr. Eisler by video deposition designation to testify in regards to the online game trade, competitors within the excessive efficiency and broader online game console markets, cloud gaming, online game subscription companies, Nvidia’s GeForce NOW cloud gaming service, PC gaming, Nvidia’s agreements with Microsoft, and any matters as to which he beforehand testified. Direct examination 10 minutes. Cross-examination 5 minutes.
Jeff Fisher (Senior Vice President of GeForce at Nvidia Corp.).
Plaintiff is asking Mr. Fisher by video deposition designation to testify in regards to the online game trade, competitors within the excessive efficiency and broader online game console markets, cloud gaming, online game subscription companies, Nvidia’s GeForce Now cloud gaming service, PC gaming, Nvidia’s agreements with Microsoft, and any matters as to which he beforehand testified. Direct examination 10 minutes. Cross-examination 5 minutes.
Pete Hines (Group Senior Vice President and Head of Publishing at Bethesda Softworks LLC (a Microsoft subsidiary).
Plaintiff is asking Mr. Hines as an opposed witness to testify reside about Microsoft’s acquisition of ZeniMax Media / Bethesda Softworks (“the ZeniMax acquisition”), Microsoft Gaming choices about online game content material, and any matters as to which he beforehand testified. Direct examination 20 minutes. Cross-examination 15 minutes.
Robin Lee (Professor of Economics, Harvard College).
Plaintiff is asking Dr. Lee as an skilled witness to testify in regards to the related antitrust markets on this case, the mixed agency’s skill and incentive to foreclose competitors, the harms to competitors and shoppers rom foreclosures, potential pro-competitive results, the possible results of the Proposed Acquisition within the related markets, and any of the fabric disclosed in his skilled stories served in reference to this matter. Plaintiff intends to current Dr. Lee’s direct testimony by declaration. Cross-examination 90 minutes. Redirect examination 45 minutes.
Dov Zimring ((Former) Director of Product Administration for Stadia at Google LLC).
Plaintiff is asking Mr. Zimring reside to testify in regards to the online game trade, cloud gaming, Google’s Stadia cloud gaming service, and any matters as to which he beforehand testified. Direct examination 20 minutes. Cross-examination 10 minutes.
Subsequent, we discover the witnesses introduced forth by Microsoft and Activision.
Liz Bailey (PhD, Vice President, Charles River Associates).
Defendants are calling Dr. Bailey as an skilled witness to testify in regards to the opinions and conclusions of Plaintiff’s specialists Robin Lee significantly relating to the gaming trade, the related markets alleged, the aggressive significance of Activision content material, and the methods by which the transaction will enhance output.. Direct examination 90 minutes. Cross examination 45 minutes.
Sarah Bond (Company Vice President of Gaming Ecosystem, Microsoft).
Defendants are calling Ms. Bond reside to testify about Xbox’s content material technique, partnerships with publishers, subscription providing for shoppers, increasing distribution of Xbox video games, advantages related to the Activision acquisition, negotiations and agreements with third events to convey Activision content material onto competitor companies, the treatment Xbox agreed to with the European Fee, and any matters as to which she beforehand testified. Direct examination 60 minutes. Cross examination 40 minutes.
Dennis Carlton (David McDaniel Keller Professor of Economics Emeritus on the Sales space College of Enterprise on the College of Chicago; Senior Managing Director, Compass Lexecon).
Defendants are calling Dr. Carlton as an skilled witness to testify in regards to the opinions and conclusions of Plaintiff’s skilled, Dr. Robin Lee, significantly relating to the potential anticompetitive results of the acquisition, and the procompetitive efficiencies arising from the acquisition. Defendants intend to current Dr. Carlton’s direct testimony by declaration. Cross examination 45 minutes. Redirect examination 60 minutes.
Amy Hood (Chief Monetary Officer, Microsoft).
Defendants are calling Ms. Hood to testify about Xbox’s present gaming enterprise, Xbox’s monetary analyses and projections, Xbox’s duty for its monetary efficiency; the proposed acquisition of Activision, together with however not restricted to, the rationale and technique for the acquisition and approval; and any matters as to which she beforehand testified. Defendants intend to current Ms. Hood’s direct testimony by declaration. Cross-examination quarter-hour. Redirect examination half-hour.
Bobby Kotick (Chief Govt Officer, Activision Blizzard, Inc.).
Defendants are calling Mr. Kotick reside to testify about Activision’s gaming enterprise, future plans, and techniques, together with however not restricted to, Activision’s improvement and publishing of first-party gaming content material, distribution technique, analysis of potential partnership alternatives, and any matters as to which he beforehand testified. Direct examination 45 minutes. Cross-examination half-hour.
Steve Singer (Senior Vice President, Writer and Developer Relations, Nintendo).
Defendants are calling Mr. Singer by video deposition designation to testify about Nintendo’s place within the gaming trade, Nintendo’s settlement with Microsoft, and any matters as to which he beforehand testified. Direct examination 10 minutes. Cross examination 10 minutes.
Lastly, listed here are the witnesses known as by each events.
Matt Booty (Head of Xbox Recreation Studios at Microsoft).
Plaintiff is asking Mr. Booty as an opposed witness to testify reside in regards to the online game trade, Microsoft Gaming’s technique and enterprise, different Microsoft Gaming acquisitions, Microsoft Gaming choices about online game content material, Microsoft’s first-party sport improvement enterprise and technique, the Proposed Acquisition, Microsoft’s acquisition of ZeniMax Media / Bethesda Softworks (“the ZeniMax acquisition”), competitors within the excessive efficiency and broader online game console markets, cloud gaming, online game subscription companies, and any matters as to which he beforehand testified.
Defendants are calling Mr. Booty to testify reside in regards to the sport improvement course of; Xbox Recreation Studios’s improvement, publishing, and licensing of firstparty content material; the aggressive panorama of the gaming trade, and any matters as to which he beforehand testified. Plaintiff’s examination (together with direct and cross) 45 minutes. Defendants’ examination (together with direct and cross) 20 minutes.
Jamie Lawver (Senior Finance Director at Microsoft).
Plaintiff is asking Ms. Lawver as an opposed witness to testify reside about online game trade, Microsoft Gaming’s technique and enterprise, the ZeniMax acquisition, different Microsoft Gaming acquisitions, Microsoft Gaming choices about online game content material, competitors within the excessive efficiency and broader online game console markets, cloud gaming, online game subscription companies, the Proposed Acquisition, different matters relating to Microsoft’s incentive and talent to foreclose competitors within the related markets, and any matters as to which she beforehand testified.
Defendants are calling Ms. Lawver to testify in regards to the Xbox deal fashions and analyses, and any matters as to which she beforehand testified. Plaintiff’s examination (together with direct and cross) 30 minutes. Defendants’ examination (together with direct and cross) 15 minutes.
Satya Nadella (CEO of Microsoft).
Plaintiff is asking Mr. Nadella as an opposed witness to testify reside in regards to the online game trade, Microsoft Gaming’s technique and enterprise, the Proposed Acquisition, and any matters as to which he beforehand testified.
Defendants are calling Mr. Nadella reside to testify about Microsoft’s gaming enterprise, Microsoft’s method to software program distribution, the acquisition of Activision, and any matters as to which he beforehand testified. Plaintiff’s examination (together with direct and cross) 30 minutes. Defendants’ examination (together with direct and cross) 15 minutes.
Phil Spencer (CEO of Microsoft Gaming).
Plaintiff is asking Mr. Spencer as an opposed witness to testify reside in regards to the online game trade, Microsoft Gaming’s technique and enterprise, the ZeniMax acquisition, Microsoft Gaming choices about online game content material, the Proposed Acquisition, competitors within the excessive efficiency and broader online game console markets, cloud gaming, online game subscription companies, and any matters as to which he beforehand testified.
Defendants are calling Mr. Spencer to testify about Xbox’s gaming technique, choices, and companies, Xbox’s proposed acquisition, together with however not restricted to the rationale and technique for the acquisition, and Xbox’s negotiations and agreements with thirdparties to convey Activision content material onto competitor companies. Plaintiff’s examination (together with direct and cross) 60 minutes. Defendants’ examination (together with direct and cross) 45 minutes.
James “Jim” Ryan (CEO of Sony Interactive Leisure).
Plaintiff is asking Mr. Ryan by video deposition designation to testify about competitors within the related antitrust markets, the online game trade, competitors within the excessive efficiency and broader online game console markets, cloud gaming, online game subscription companies, the results of the Proposed Acquisition, and any matters as to which he beforehand testified.
Defendants are calling Mr. Ryan by video deposition designation to testify in regards to the gaming trade, together with console gaming, subscription gaming, cloud sport streaming, cell gaming; Sony and Xbox’s negotiations relating to the distribution of Activision content material, and any matters as to which he beforehand testified. Plaintiff’s examination (together with direct and cross) 45 minutes. Defendants’ examination (together with direct and cross) 60 minutes.
Tim Stuart (CFO of Microsoft Gaming).
Plaintiff is asking Mr. Stuart as an opposed witness to testify reside in regards to the online game trade, Microsoft Gaming’s technique and enterprise, the ZeniMax acquisition, different Microsoft Gaming acquisitions, Microsoft Gaming choices about online game content material, the Proposed Acquisition, competitors within the excessive efficiency and broader online game console markets, cloud gaming, online game subscription companies, and any matters as to which he beforehand testified.
Defendants are calling Mr. Stuart reside to testify about Xbox’s first-party content material technique, together with platform enlargement and distribution, Xbox’s monetary technique for console gross sales and subscription companies, together with Recreation Move’ streaming characteristic, Xbox’s proposed acquisition, together with however not restricted to the deal valuation and technique for the acquisition, and any matters as to which he beforehand testified. Plaintiff’s examination (together with direct and cross) 45 minutes. Defendants’ examination (together with direct and cross) 30 minutes.
Lori Wright (Company Vice President at Microsoft).
Plaintiff is asking Ms. Wright as an opposed witness to testify reside about competitors within the excessive efficiency and broader online game console markets, cloud gaming, online game subscription companies, Microsoft Gaming’s technique and enterprise, and any matters as to which she beforehand testified.
Defendants are calling Ms. Wright to testify reside about Xbox’s negotiations and agreements with third events to convey Activision content material onto competitor companies, and any matters as to which she beforehand testified. Plaintiff’s examination (together with direct and cross) 15 minutes. Defendants’ examination (together with direct and cross) 15 minutes.
By the way, TechRaptor acquired a press release from a Microsoft spokesperson in regards to the listening to, mentioning that the corporate’s most senior executives will testify in particular person, calling out Sony for showing completely through video deposition.
In contrast to Sony, our most senior executives will testify in particular person to reply any questions on our enterprise technique. This deal means extra selection for players, a incontrovertible fact that solely turns into clearer the extra you take a look at the case.
The FTC has just lately obtained a short lived restraining order towards the acquisition till the federal courtroom guidelines on the attainable preliminary injunction, and the evidentiary listening to will probably be held between June 22 and June 29.
Curiously, the case will probably be dealt with by the identical Decide who denied a preliminary injunction within the so-called “Gamer’s Lawsuit.” But, this doesn’t suggest that she’s going to come to the identical conclusion this time round.
On the opposite facet of the Atlantic Ocean, Microsoft’s enchantment towards the British CMA’s resolution to dam the acquisition is ongoing, with the listening to beginning on July 28.
Lately, the European Union accredited the deal together with proposed cures to stage the aggressive enjoying discipline on the cloud market, which Microsoft agreed to. A number of weeks in the past, we realized that the deal was accredited by the Chinese language authority, whereas earlier this week, South Korea’s regulator additionally cleared the deal, bringing the variety of international locations that formally cleared the acquisition to 38.
Earlier this morning, the authority of New Zealand requested for additional info addressing its attainable considerations on the case as a way to come to a conclusion in mid-July.
In an interview printed a number of days in the past, Activision Blizzard CEO Bobby Kotick talked about that Microsoft is “by far the perfect place” for the writer, including that the acquisition is “the correct factor for the trade.”
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