The ongoing legal drama surrounding the Microsoft-Activision merger just took an interesting turn. Regulators at the US Federal Trade Commission (FTC) have subpoenaed a Nintendo executive to ask for details surrounding Microsoft's 10-year deal to bring Call of Duty to Nintendo's platforms.
If you'll recall, one of the big arguments being made by Sony to dissuade regulators from approving the merger was that Microsoft could make the billion-dollar Call of Duty franchise Xbox exclusive. To help calm fears that gamers might need to buy an Xbox to keep playing their beloved shooter, Microsoft signed deals with multiple publishers promising to keep Call of Duty on those platforms for at least 10 years after the merger goes through. Nintendo raised eyebrows by signing such a deal even though there are no Call of Duty games currently available on the Switch.
Microsoft president Brad Smith promised questioning fans that Call of Duty would "work exactly the way you would expect" regardless of what console it's being played on. It seems like this raised more questions than answers, which might explain with the FTC wants to have those answers on the official record.
As reported by Tweak Town (via Nintendo Life), the FTC has subpoenaed Steve Singer, Nintendo America's vice president of publisher and developer relations, for details on the 10-year deal Nintendo signed with Microsoft. The subpoena asks for Singer to make himself available for up to seven hours of testimony, which could potentially reveal a lot of the backroom dealings between Nintendo and Microsoft.
Nintendo is trying to quash the subpoena, arguing that it was made after a March 3 deadline. Singer's lawyer was first contacted on March 17 via phone and email, and Singer was served on either March 29 or 30. Nintendo has asked the judge to dismiss the subpoena for being "untimely" as the 10-year deal was first announced on December 6.
"The consequences of Complaint Counsel's delay and disregard for deadlines prejudice Mr. Singer and [Nintendo of America]," reads Nintendo's motion. "Mr. Singer and [Nintendo of America] should not bear the burden of Complaint Counsel's delay and disregard for deadlines."
The judge has yet to rule on Nintendo's motion.
The FTC is finding itself increasingly in the minority for its opposition to the Microsoft-Activision merger. Both the EU's Commission and the UK's CMA are expected to approve the proposed merger, according to rumors, as well as China's State Administration for Market Regulation (SAMR). That said, the FTC’s approval is perhaps the most important as both Microsoft and Activision are American companies.