Xbox/Microsoft are facing off against the FTC in court and Phil Spencer stepped up to the plate to offer his testimony. This is a major moment for Xbox and Spencer as this potential merger will have a massive impact on the future of Xbox for several years to come. Spencer's testimony revealed a ton of interesting information - from the possibility of Elder Scrolls VI being exclusive to Xbox, to the motivation behind the acquisition of publishing giant Bethesda, and how Starfield could've almost been a PS5 exclusive.
The current trial was brought on by FTC as the regulatory body seeks an injunction that would prevent the Xbox-Activision Blizzard King merger from closing. This is before the major trial in August that will determine if the FTC indeed has an antitrust case against Microsoft.
Also Read: Sony Won't Share PS6 Details With Activision Should The Xbox Merger Go Through
Here's What We Learned from Phil Spencer's Testimony on Day 1 of FTC v Xbox
5. The Elder Scrolls VI is Not an Xbox Exclusive...Yet
While testifying under oath, Spencer was questioned about the potential exclusivity status of one of Bethesda's most high-profile upcoming releases, the Elder Scrolls VI. Spencer explained while that remains a possibility, it still hasn't been nailed down just yet.
"I think we’ve been a little unclear on what platforms it’s launching on, given how far out the game is," said Spencer. "It’s difficult for us right now to nail down... It’s so far out it’s hard to understand what the platforms will even be at this point.”
Xbox has previously hinted at the upcoming title being an Xbox exclusive, but it would appear that it would only draw more ire from the FTC. Keeping that in mind, Xbox and Spencer are looking to play this one close to the chest and keep The Elder Scrolls VI's exclusivity status under wraps for as long as possible.
4. "Xbox Has Lost the Console Wars"
In perhaps one of the boldest choices for an opening, Xbox looked to set the record straight with a rather bleak truth about the Xbox-PlayStation-Nintendo console wars right out of the gate.
The arguments detailed in the court filings essentially detail how "Xbox has lost the console wars". This was backed up by Microsoft's data that they had only a 16 per cent share of total console sales in 2021, sitting way behind both Nintendo and Sony. In terms of revenue, Xbox is close to Nintendo but still trails far behind Sony. What is really interesting here is that Xbox hasn't taken Game Pass downloads into account.
3. Future Bethesda Titles Will Make it To PlayStation and Nintendo
While Starfield remains exclusive to Xbox, Spencer has confirmed that the majority of Bethesda titles will be available on both PlayStation and Nintendo consoles. However, the Xbox court filings maintained that "some" new titles would be exclusive to PC and Xbox consoles.
While that could be true for some of the smaller games in the Bethesda game calender, massive releases like the upcoming Indiana Jones title by MachineGames are confirmed exclusives. While all eyes remain on Activision at the moment, Bethesda is also a massive player in the industry and could potentially turn the tide in Microsoft's favour in a big way.
2. Xbox Really Needed Starfield on the Platform
Sony had been making massive moves with Bethesda, locking down Deathloop and Ghostwire Tokyo to PlayStation consoles. Xbox feared that the upcoming title Starfield would also skip release on Xbox, and thus, the decision was made to acquire the publishing giant.
"When we acquired ZeniMax one of the impetus for that is that Sony had done a deal for Deathloop and Ghostwire... to pay Bethesda to not ship those games on Xbox," said Spencer. "So, the discussion about Starfield when we heard that Starfield was potentially also going to end up skipping Xbox, we can’t be in a position as a third-place console where we fall further behind on our content ownership so we’ve had to secure content to remain viable in the business.”
While this was Xbox essentially raising under the gun, the Bethesda acquisition has been a bright spot for Xbox, bringing a huge amount of great games to Game Pass.
1. Call of Duty Will Remain Multi-Platform
Perhaps this was the most-awaited moment of the trial as Spencer was asked under oath if Xbox plans to lock down Call of Duty to Xbox and PC. Spencer essentially shot down the idea that Microsoft has any plans to pull COD from Sony.
“I think as we’ve seen even in preparation for this that gamers are an active and vocal group. Us pulling Call of Duty from PlayStation in my view would create irreparable harm for the Xbox brand," said Spencer. "I would raise my hand. I will do whatever it takes. We have no plan. I'm making a commitment standing here that we will not pull Call of Duty - it is my testimony - from PlayStation. As you said, Sony obviously has to allow us to ship the game on their platform, but absent any of that, my commitment is, and my testimony is that we will continue to ship future versions of Call of Duty on Sony's PlayStation 5."
This is absolutely massive and could be setting Xbox on the right path towards avoiding the injunction from FTC. Day 1 couldn't have gone better for the green brand and it will be interesting to see how this goes for Activision-Xbox.