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Defining Duke Ultimate, Episode 98 | Does The FTC Have A Case Against Xbox? (ft. Hoeg Law) (Patreon)

Published:
2022-12-14 17:00:08
Imported:
2026-06
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Content

The hottest talking point for many during a tough week for Xbox was easily the FTC suing to block the Activision deal. As tradition dictates, we have brought in our good friend Hoeg Law to get the full explanation on this. How long can this go on for? Will Microsoft back off from the deal? How does this alter future acquisitions? Is the FTC making an example of Xbox or do they really have a case? There are so many burning questions and Hoeg is the man with the answers!

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Comments

Angel DeJesus

The thing that always bothers me about this, is that it's talked about Microsoft being behind Sony and Nintendo in revenue, which is true. But, if you just looked at Microsoft gaming, the gaming arm couldn't acquire Activision at that price. They have to get daddy Microsofts money. So we talk about Microsoft gaming being behind everyone else, but overlook that they have the backing of a company bigger then Sony and Nintendo combined.

Anonymous

Perfect time to get Hoeg on. He's always entertaining too.

Piston Pants
>>97547962

Correct. That's why the title of this podcast is a bit disingenuous in saying do they have a case against Xbox when it's a case against Microsoft.

PsychCoffee

Thanks for the insight as always Dukes! I have to say what I got from this is that the FTC has maybe too much power? I am not really talking about this particular deal so much as how the FTC functions with any deal. If they can make a real case on any company before a judge and the judge rules in favor of the FTC then okay that's fine with me. What I don't like is that they can have it ruled by their own judge and then appeal the ruling and draw the whole process out for years. The process just feels too contained in my opinion and allows for them to deny deals just because they want to. I could be wrong on this, I have no education or experience here, and I am welcome to more facts that correct this, but from the outside it just seems unbalanced.

Max Davis

YESSSSSSSSS! Hoeg is getting his workout! Love listening to him on LSM

gnawtyFOX

Prediction: if Microsoft wins this deal. After the 10years are up (whatever the terms are) they will offer COD to PlayStation, Switch and PC platforms via GamePass, charging a monthly fee for access. A fee that is separate from your online gaming subscription i.e PSN Switch Online etc When this happens, Microsoft will have to ask themselves if making consoles is worth it or even necessary. PC, PlayStation. Nintendo remain - all with Game Pass? UH OH 🧐 😬

TL

I could post some thoughts on the topic but I'll refrain for now. I will say thanks for getting Hoeg on about it. Additionally, thanks to Cog for the message of rest, that resonates with me greatly right now. Also . . . maybe I am way off base and need to go and compare this a lot more, but Hoeg's voice reminds me of author Brandon Sanderson.

Jack Sibert

Outlets/commentary online is seemingly overlooking a key fact in the COD PS plus offer. If historical PS plus offerings are a guide- the COD that would be allowed to be on PS plus would likely be several years old. Additionally, Sony doesn't get to put games on PS plus at no cost to themselves. They would still have to pay MS millions upon millions of dollars each time. All that to say- I don't think COD being allowed on PS plus is much of a game changer to XBox's hypothetical game pass strategy.

Garry

Just to say I didn’t see anyone say you had to challenge Cog more on the Patreon comments. What people said you really need a third person who has different opinions on the main show as when it’s to people agreeing all the time the conversation goes no where. But don’t change your opinions if that’s what you believe.

TL
>>97607318

I can't speak for everyone clapping back on that episode, but my only issue was the take of Sony being a bad actor and/or immoral. They are a business trying to protect their business, to assume they should take a deal or make things easy was odd to me. The Sacred Crew or the Dukes can think and say whatever they want. I may enjoy Sony more, but they could lose this whole case and COD altogether and I won't bat an eye. It is funny to me to be talking about morals/ethics in business dealings, where fingers can be pointed everywhere. That's why I greatly appreciated hearing Hoeg's take where he stated his view of Sony's position being in the silly territory, though also pointing out they are banking on the current political climate [and that we don't have the full details on the deal MS provided at this time].

Jason K

Very insightful and informative contribution from Hoeg and good questions from the Dukes.

Joshua
>>97576970

In response to your other comment. Cog did say Sony is being a bad actor but he has always stood firm in agreeing with you that corporations legally have to act in their best interests. He's just pointing out their manipulation of the regulators naviette.

Tyler Kaminski
>>97547962

THIS. I feel like I have not seen the pitch Colin made about Amazon vs mom and pops for instance talked about on this show. It’s consistently glossed over or maybe conveniently ignored. Microsoft can sustain losses and grand purchases while its competitors cannot, and that will undoubtedly change the industry.

Angel DeJesus
>>97547962

Yeah you can't talk about them having less revenue then Sony, and ignore where the money for the purchasing is coming from.

Bono Silva

Hoeg episodes are always 🔥

Swenedog

Love the info thanks to all of you happy holidays!