Demartini
Demartini v. Microsoft Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANTE DEMARTINI, et al., Case No. 22-cv-08991-JSC
Plaintiffs,
ORDER RE: MOTION TO DISMISS
v. FIRST AMENDED COMPLAINT
MICROSOFT CORPORATION, Re: Dkt. No. 120 Defendant.
12 Plaintiff recreational video game players seek to block Microsoft’s acquisition of Activision—the publisher and developer of Call of Duty and Candy Crush, among other video games. After the Court dismissed Plaintiffs’ complaint with leave to amend, Plaintiffs filed a First Amended Complaint (FAC). (See Dkt. No. 88-3.) The FAC alleges the acquisition will substantially lessen competition in five markets: (1) Triple-A video games, (2) High-Performance Consoles, (3) Multi-Game Content Library Subscription Services, (4) Cloud-Gaming Subscription Services, and (5) computer operating systems. (Dkt. No. 88-3 ¶ 2.) Microsoft again moves to dismiss. After carefully considering the parties’ written submissions, and having had the benefit of oral argument on May 12,…