We’ve been keeping a close eye on the ongoing negotiations between Microsoft and Sony regarding the latter’s reluctance to accept Microsoft’s Call of Duty deal. While the acquisition of Activision Blizzard is only subject to regulatory approval, Sony has made it clear that it’s wary of Microsoft’s promises, citing its handling of the Bethesda acquisition as an example.
Before the acquisition, Microsoft had claimed that it wasn’t interested in making Bethesda games exclusive to Xbox, but only in releasing them ‘first’ or ‘best’. Xbox boss Phil Spencer had also stated that multiformat releases would be handled on a ‘case-by-case basis’. However, after the acquisition was finalized, Spencer had admitted that the deal was about ‘delivering great exclusive games for you that ship on platforms where Game Pass exists’.
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As a result, games like Redfall and Starfield have only been given Xbox launch dates. Bethesda’s Todd Howard had said before the merger that it was ‘hard to imagine’ The Elder Scrolls 6 meeting the same fate. However, just a year later, once the merger was completed, Spencer had announced that he ‘sees the same for The Elder Scrolls 6’.
Sony has expressed concern over Microsoft’s ability to back out of its public promises. In a statement to the Competition and Markets Authority (CMA) about the Activision buyout, Sony explicitly referenced Microsoft’s conduct in relation to the ZeniMax acquisition as evidence of its lack of trustworthiness.
It is likely why Microsoft has emphasized the legally binding nature of its 10-year deal to put Call of Duty on Nintendo’s platform. If Sony agrees to the same offer, then Microsoft would be unable to back out without facing legal action.
At the end of the day, Sony will do whatever it can to prevent the deal from being approved, while Microsoft will make as many concessions as necessary. However, the lesson here is that it’s important to take company promises with a grain of salt unless there is a guarantee that they cannot back out of them without incurring legal consequences.
