An Effort to Put Spilled Milk Back in the Bottle

December 15, 2023

green-dino_thumb_thumb_thumbThis essay is the work of a dumb dinobaby. No smart software required.

Microsoft was busy when the Activision Blizzard saga began. I dimly recall thinking, “Hey, one way to distract people from the SolarWinds’ misstep would be to become an alleged game monopoly.” I thought that Microsoft would drop the idea, but, no. I was wrong. Microsoft really wanted to be an alleged game monopoly. Apparently the successes (past and present) of Nintendo and Sony, the failure of Google’s Grand Slam attempt, and the annoyance of refurbished arcade game machines was real. Microsoft has focus. And guess what government agency does not? Maybe the Federal Trade Commission?

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Two bureaucrats to be engage in a mature discussioin about the rules for the old-fashioned game of Monopoly. One will become a government executive; the other will become a senior legal professional at a giant high-technology outfit. Thanks, MSFT Copilot. You capture the spirit of rational discourse in a good enough way.

The MSFT game play may not be over. “The FTC Is Trying to Get Back in the Ring with Microsoft Over Activision Deal” asserts:

Nearly five months later, the FTC has appealed the court’s decision, arguing that the lower court essentially just believed whatever Microsoft said at face value…. We said at the time that Microsoft was clearly taking the complaints from various regulatory bodies as some sort of paint by numbers prescription as to what deals to make to get around them. And I very much can see the FTC’s point on this. It brought a complaint under one set of facts only to have Microsoft alter those facts, leading to the courts slamming the deal through before the FTC had a chance to amend its arguments. But ultimately it won’t matter. This last gasp attempt will almost certainly fail. American regulatory bodies have dull teeth to begin with and I’ve seen nothing that would lead me to believe that the courts are going to allow the agency to unwind a closed deal after everything it took to get here.

From my small office in rural Kentucky, the government’s desire or attempt to get “back in the ring” is interesting. It illustrates how many organizations approach difficult issues. 

The advantage goes to the outfit with [a] the most money, [b] the mental wherewithal to maintain some semblance of focus, and [c] a mechanism to keep moving forward. The big four wheel drive will make it through the snow better than a person trying to ride a bicycle in a blizzard.

The key sentence in the cited article, in my opinion, is:

“I fail to understand how giving somebody a monopoly of something would be pro-competitive,” said Imad Dean Abyad, an FTC attorney, in the argument Wednesday before the appeals court. “It may be a benefit to some class of consumers, but that is very different than saying it is pro-competitive.”

No problem with that logic.

And who is in charge of today Monopoly games?

Stephen E Arnold, December 15, 2023

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