The struggling to get microsofts proposed $69 billion purchase of Activision Blizzard across the line play not only with state watchdogs and in the public, but also in courtrooms. And in one of those battlegrounds, Microsoft is making demands on its rival Sony that the latter say it is “blatant harassment.”
Over axios’ NewsletterA number of court documents have been filed in recent weeks detailing some of the legal battles currently under way between Microsoft, who want to close the blockbuster deal, and Sony, one of several companies and organizations that absolutely doesn’t want that to happen .
These specific filings concern Sony’s attempts to fight the proposed sale and that, as part of their defense, Microsoft is entitled to “discovery‘ which basically just allows them to get a bunch of documents and emails from certain Sony executives. Both companies have been haggling over the number of executives and the scope of the discovery for ages, but things took a turn earlier this month Microsoft accused Sony of initially delaying itand then not providing all the information they may need:
Sony Interactive Entertainment (“SIE”) – whose gaming business has eclipsed Xbox’s for 20 years – is no ordinary third party in this promotion. At great expense and over an extended period of time, SIE has used executive delegations, large teams of outside attorneys, and highly paid economists to persuade regulators here and around the world to allow Microsoft Corp. to block
(“Microsoft”) Proposed Acquisition of Activision Blizzard King. SIE’s efforts are paying off: The FTC’s complaint in this lawsuit is chock full of claims about the impact the deal will have on SIE’s business. In this case, it is about YOU as well as Xbox and Activision. Timely detection by SIE is therefore critical to Microsoft’s defense.
Although SIE’s request for an extension of time complains about the breadth of the subpoena and the length of the extensions already granted to respond to that subpoena, Microsoft has already informed SIE that it would agree to a fourth extension to address issues related to the negotiate scope of subpoena requests. However, Microsoft believes that legal intervention is now required on one issue: whether SIE will collect and produce documents from certain custodians.
In response, Sony said they didn’t provide all the information Microsoft asked for because they were asked Away too much, including things like access to internal performance reviews, something Sony says “is manifest harassment,” and that “even in labor matters, courts require specific proof of relevance before requiring production of personnel files.”
Judge D. Michael Chappell has agreed with Sony, saying the company has “shown good cause for the remedy sought” and agreeing that the scope and depth of Microsoft’s requests went too far.
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All of this is only moderately interesting, I know, but I mostly mention this so we can easily link to both Microsoft And Sony’s Motions riddled with incredible idiosyncrasies, as Microsoft says PlayStation’s success has “eclipsed Xbox for 20 years,” along with some very funny phrasing in Sony’s filings, like the way they say Microsoft’s subpoena “really massive” was”.
