Microsoft, Activision Back Off Aggressive Claim in FTC Case

Microsoft says it made a mistake last month when it claimed that the very structure of Federal Trade Commission, the agency trying to block its bid for Activision Blizzard, violates the United States Constitution. From a report: Microsoft removed that argument Thursday as it filed a revised -- and less incendiary -- response to the FTC's lawsuit to stop the tech giant's $69 billion gaming acquisition. Microsoft's new filing still argues that its purchase of the creator of Call of Duty, World of Warcraft and Candy Crush would not unfairly stifle competition with other game makers. But it no longer includes a five-bullet-point salvo claiming that the FTC's structure and in-house administrative court, where the Activision case is being heard, run afoul of the Constitution, the separation of powers and the due process clause of the 5th Amendment.

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