A federal judge in San Francisco has ruled that Microsoft CEO Satya Nadella can be questioned in a lawsuit brought by a group of video gamers who allege that the tech giant’s $69 billion acquisition of Activision, the maker of “Call of Duty,” will negatively impact competition. U.S. District Judge Jacqueline Scott Corley denied Microsoft’s attempt to prevent the deposition of Nadella, emphasizing that as the ultimate decision-maker in Microsoft’s “largest transaction,” Nadella may possess unique and relevant knowledge that the plaintiffs have the right to explore.
The gamers’ lawsuit runs parallel to a Federal Trade Commission (FTC) case, where Corley previously declined to halt the deal. The FTC is currently seeking to revive its challenge to the acquisition. Microsoft has not yet commented on the court’s order, and a lawyer for the gamers has not responded to requests for comment. The gamers filed the lawsuit in December 2022, asserting that the deal would stifle competition and harm consumers.
Despite objections from Microsoft’s attorneys, Judge Corley ruled that the gamers can question Nadella for up to three hours at a mutually convenient time and place. The trial scheduled for February has been canceled due to pending appeals, with a status hearing set for February 6.
The case is titled Dante Demartini et al v. Microsoft, filed in the U.S. District Court, Northern District of California (3:22-cv-08991-JSC).
