The FTC's challenge of the $68.7 billion deal between Microsoft and Activision has been one of its biggest swings under Chair Khan, but it faces a major hurdle.
But even as many in Congress have become more open to a different view of antitrust in the digital age, the courts still pose a major hurdle to newer theories about how online companies can amass and leverage power to stifle rivals.
She added that, "Despite the completion of extensive discovery in the FTC administrative proceeding, including production of nearly 1 million documents and 30 depositions, the FTC has not identified a single document which contradicts Microsoft's publicly-stated commitment to make Call of Duty available on PlayStation ."
"We are disappointed in this outcome given the clear threat this merger poses to open competition in cloud gaming, subscription services, and consoles," an FTC spokesperson said in a statement. "In the coming days we'll be announcing our next step to continue our fight to preserve competition and protect consumers."
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