Wednesday, February 1, 2023

Nvidia has been subpoenaed by Activision Blizzard in FTC case, hopes to resolve disagreements over scope of discovery until February 13

Yesterday I reported that counsel for Nvidia entered an appearance in the FTC's in-house adjudicative proceeding, and the question was "whether those lawyers are going to try to support the FTC or whether the reason is just a discovery dispute." For now, there are no motions to intervene in accordance with 16 CFR § 3.14, but Nvidia's lawyers filed a motion on Monday that the PDF has made public now (PDF), seeking an extension until February 13 to move to limit or quash a subpoena served on Nvidia by Activision Blizzard on January 20. The motion says that Activision agrees to this extension of time.

Earlier today I reported on subpoenas served on Sony's PlayStation chief Jim Ryan, Nintendo of America CEO Doug Bowser, and Activision Blizzard CEO Bobby Kotick by class-action lawyers suing Microsoft over this deal in the Northern District of California. If Sony wants to bring a motion to limit or quash Microsoft's subpoena in the FTC case, it has to do so today and then we'll probably find about it tomorrow.

In other Microsoft-ActivisionBlizzard news, Politico now also reports on the Statement of Objections (SO) that the European Commission has sent to Microsoft over the transaction:

I've already commented on the news of the SO (which was widely expected).