n its merger notice to the European Commission on ZeniMax, Microsoft stated: “Microsoft will honor all
of ZeniMax’s obligations to continue to make its current games available on other gaming hardware,
including two planned console exclusive releases for the Sony PlayStation 5, Deathloop and Ghostwire:
Tokyo.” (Microsoft ZeniMax Form CO, January 29, 2021, at pp. 4-5)
o It further stated: “Microsoft will not make any existing ZeniMax games exclusive to Xbox. They
will continue to be available for purchase for PCs and other gaming hardware for which they are
currently available, which will ensure that they continue to be available to current players of
those games. Microsoft will not be removing players’ access to any current games, no matter
where they currently play.” (Microsoft ZeniMax Form CO, January 29, 2021, at p. 13)
For future games, Microsoft also maintained its position:
• In its merger notice to the European Commission on ZeniMax, Microsoft stated: “Future decisions on
whether to distribute ZeniMax games for other consoles will be made on a case-by-case basis, taking into
account player demand and sentiment. Factors that will inform Microsoft’s decision-making on future
games include consumer demand and preference and the willingness of third parties to work with
Microsoft to launch games for their devices.” (Microsoft ZeniMax Form CO, January 29, 2021, at p. 5)
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