Sony fights Microsoft’s ‘facially overbroad’ subpoena in FTC’s Microsoft antitrust lawsuit News
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Sony fights Microsoft’s ‘facially overbroad’ subpoena in FTC’s Microsoft antitrust lawsuit

Sony on Monday sought leave to file a reply explaining why it needs more time to argue against Microsoft’s allegedly overbroad subpoena in an ongoing Federal Trade Commission (FTC) antitrust lawsuit concerning Microsoft’s proposed purchase of Call of Duty manufacturer, Activision Blizzard.

Sony is not a party to the FTC lawsuit against Microsoft but as a competitor with Microsoft, the Playstation producer has been integral in the initiation of this lawsuits, having filed a complaint against Microsoft before the UK competition regulator last October. Sony has publicly opposed Microsoft’s acquisition of Activision Blizzard, stating that it “would harm competition in gaming consoles, multi-game subscription services, and cloud gaming.”

Microsoft subpoenaed Sony in order to show that the supposed threat of anticompetitive implications of the Activision purchase was exaggerated. In response, Sony requested several extensions for challenging the subpoena. This most recent motion was withdrawn shortly after filing, as the anticipated motion to quash or limit was then filed with the court confidentially. However, the requested extension shines a light on Microsoft’s basis for arguing that the subpoena was overbroad.

In the filed motion, Sony discussed the contents of Microsoft’s subpoena, which Sony has attempted to negotiate, stating it included “45 distinct document requests, 13 of which have multiple subparts, for a total of more than 120 separate document requests.”

Sony argued that Microsoft’s requests demanded “all documents related to nearly all aspects of SIE’s business, as well as extensive sets of sales, financial, and personal user data (e.g., user date of birth, user country, user gender, covering what will likely be millions of users).” Microsoft requests for Sony’s documents include materials from over the last 11 years, asking for documents as far back as January 2012.

Sony estimated that it will spend $2 million or more in fees and expenses, as well as “weeks of intense work and substantial efforts” for Sony to complete the requests. Sony informed the court that discussions with Microsoft in its attempt to negotiate a more reasonable scope for Microsoft’s subpoena were “productive.” Additionally, Microsoft and Sony agree “further negotiations are likely to narrow or eliminate most disputes.”