Nov 21, 2024

Activision Blizzard Faces Antitrust Lawsuit Over 'Call of Duty' Competitive Scene

by Lawrence J. Tjan | Feb 19, 2024
A large esports event with spectators, a stage featuring gaming setups, and a celebratory atmosphere. Photo Source: Hu Chengwei / Getty Images via The Hollywood Reporter

Video game giant Activision Blizzard is confronting a lawsuit alleging anticompetitive practices within the esports arena of its popular series, "Call of Duty." Filed in a Los Angeles federal court by professional gamers Hector Rodriguez and Seth Abner, the lawsuit accuses Activision of monopolizing the market for "Call of Duty" leagues and tournaments, thereby restricting competition in a sector that has become increasingly lucrative as esports continues to surge in popularity.

"Call of Duty," a cornerstone in the first-person shooter genre since its debut in 2003, has consistently ranked as one of the gaming industry's top-selling franchises. This success has been a key driver behind Activision's ascent to a powerhouse in the gaming world, boasting billions in annual revenue. The plaintiffs argue that Activision's dominance in the market has led to unfair practices concerning the organization and management of competitive play for "Call of Duty."

Anticompetitive practices refer to business strategies or actions undertaken by companies that unfairly restrict competition within a market. These practices include monopolizing a market segment, price fixing, exclusive dealing contracts, or other tactics hindering fair competition. Such behavior is deemed illegal because it disrupts the principles of a free market, limits consumer choices, leads to higher prices, and stifles innovation. Antitrust laws, established in many countries, aim to prevent these practices by promoting healthy competition, ensuring consumers have access to a variety of products and services at competitive prices, and encouraging companies to innovate and improve efficiency. By regulating anticompetitive practices, these laws help maintain market integrity, protect consumer interests, and support the overall economy's growth.

The lawsuit highlights a pivotal moment in 2016 when Activision acquired Major League Gaming for $46 million, a move that positioned the company at the forefront of "Call of Duty" esports events. However, the plaintiffs contend that the competitive landscape for "Call of Duty" underwent a detrimental shift in 2019. According to the lawsuit, Activision's decision to launch its own league effectively quashed the previously "vibrant, competitive product market" by sidelining independent competition organizers.

Activision has responded to the allegations with a firm rebuttal, stating its intention to "strongly defend against these claims," which it deems unfounded both factually and legally. The company also disclosed that it had rejected a pre-lawsuit demand from Rodriguez and Abner seeking "tens of millions of dollars."

This legal battle unfolds against the backdrop of Microsoft's acquisition of Activision Blizzard last year for a staggering $69 billion, a merger that continues to attract scrutiny from the U.S. Federal Trade Commission. The outcome of this lawsuit could have far-reaching implications for the esports industry, particularly regarding how major game publishers manage and control competitive gaming ecosystems. As the case progresses, it will undoubtedly draw attention from stakeholders across the gaming community, from professional esports athletes and event organizers to fans of the "Call of Duty" series.

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Lawrence J. Tjan
Lawrence J. Tjan
Lawrence is an attorney with experience in corporate and general business law, complemented by a background in law practice management. His litigation expertise spans complex issues such as antitrust, bad faith, and medical malpractice. On the transactional side, Lawrence has handled buy-sell agreements, Reg D disclosures, and stock option plans, bringing a practical and informed approach to each matter. Lawrence is the founder and CEO of Law Commentary.

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