The random gamers suing Microsoft say they have "uncontroverted evidence" that Xbox wants to put PlayStation out of business

Phoenix Wright Ace Attorney Trilogy
(Image credit: Capcom)

The group of random gamers suing Microsoft over the Xbox Activision deal say they have "uncontroverted evidence" that Xbox wants to put PlayStation out of business.

In an appeal filing revealed by Axios, lawyers representing the "Gamer's Lawsuit" say that the court, which previously dismissed the suit, "failed to consider uncontroverted evidence that Microsoft had the intention to put its main competition, the Sony PlayStation, out of the market; and that this merger is a part of that strategy."

That evidence, apparently, consists of an internal email sent by Xbox Game Studios boss Matt Booty to Xbox's chief financial officer, Tim Stuart. In the public release of the filing the contents of that email, referred to as Exhibit K, have been redacted, as Microsoft characterizes it as an "internal exchange" that should not be shown outside of court.

The Gamer's Lawsuit has been kicking around since December 2022, and reached particularly notable heights as lawyers representing the gamers asked Sony and Nintendo CEOs to come testify. After the suit was dismissed earlier this year, it was amended and refiled with a request that the court make a preliminary injunction against the deal - that request was denied.

This is all separate to the FTC's effort to block the Xbox Activision merger, which is broadly considered quite a bit more serious than the Gamer's Lawsuit. That's on top of the UK's CMA blocking the purchase earlier this year, a move Xbox is set to appeal.

There will surely be no shortage of upcoming Xbox Series X games regardless of whether the deal goes through.

Dustin Bailey
Staff Writer

Dustin Bailey joined the GamesRadar team as a Staff Writer in May 2022, and is currently based in Missouri. He's been covering games (with occasional dalliances in the worlds of anime and pro wrestling) since 2015, first as a freelancer, then as a news writer at PCGamesN for nearly five years. His love for games was sparked somewhere between Metal Gear Solid 2 and Knights of the Old Republic, and these days you can usually find him splitting his entertainment time between retro gaming, the latest big action-adventure title, or a long haul in American Truck Simulator.

Read more
Xbox Game Pass showing Avowed, Indiana Jones, Black Ops 6 and more
With Indiana Jones and Forza Horizon 5 ports, Phil Spencer isn't "trying to move" Nintendo Switch and PS5 players "over to Xbox anymore"
Indiana Jones and The Great Circle - Indiana peers out from the shadows in stealth
Xbox bringing its exclusives to PS5 has a precedent set by Sega, but "it makes the conversation harder to create the FOMO," says former PlayStation boss
The Hyperkin Competitor controller on a green background
This new Xbox controller looks like a lawsuit waiting to happen, but it could be one of the best gamepads of 2025
Halo: Combat Evolved splash art
Former Xbox boss admits the company once "encouraged" the console wars, which he believes "were healthy for the industry" as "a rising tide that lifted all ships"
Hi-Fi Rush
Microsoft veteran and former Blizzard president knows "loyal Xbox gamers are mad" about exclusives launching on PS5 and Nintendo Switch but "that isn't going to change anything"
Black Myth Wukong
Black Myth: Wukong lead blames the missing Xbox port on Series S specs, months after Microsoft claimed the delay wasn't due to "platform limitations"
Latest in Games
Pillars of Eternity
10 years later, in a post-Baldur's Gate 3 and Avowed world, Obsidian is giving its own throwback CRPG Pillars of Eternity a turn-based combat mode
Destiny 2 Lightfall
When Destiny 2 "weekly active users dropped lower and faster than we'd seen since 2018," Bungie assembled an A-Team to put out some fires: "We needed to do something"
Astro Bot
Astro Bot went through 23 pitch iterations before its director promised PlayStation "happy gameplay" and "overflowing charm," though it did once end with robot decapitation that made "some people really upset"
Tomb Raider
5 years after Avengers, 2 years after its last layoffs, and who knows how long before Perfect Dark and Tomb Raider return, Crystal Dynamics announces another round of layoffs
AI Limit
"AI is not as effective as it might appear": Dev of AI-focused Soulslike RPG says they didn't use any AI-generated content and it can't match "genuine creativity"
The First Berserker: Khazan protagonist
The First Berserker: Khazan isn't even out yet, but the new Soulslike RPG already has over 1,300 94% positive reviews on Steam from early buyers
Latest in News
Pillars of Eternity
10 years later, in a post-Baldur's Gate 3 and Avowed world, Obsidian is giving its own throwback CRPG Pillars of Eternity a turn-based combat mode
Destiny 2 Lightfall
When Destiny 2 "weekly active users dropped lower and faster than we'd seen since 2018," Bungie assembled an A-Team to put out some fires: "We needed to do something"
Velma, Daphne, Fred, Shaggy, and Scooby-Doo looking at a giant key which is also a clue
Netflix is rebooting Scooby-Doo as a live-action series from the producer of Supergirl and The Flash centered around a "supernatural murder" at a summer camp
Astro Bot
Astro Bot went through 23 pitch iterations before its director promised PlayStation "happy gameplay" and "overflowing charm," though it did once end with robot decapitation that made "some people really upset"
Tomb Raider
5 years after Avengers, 2 years after its last layoffs, and who knows how long before Perfect Dark and Tomb Raider return, Crystal Dynamics announces another round of layoffs
AI Limit
"AI is not as effective as it might appear": Dev of AI-focused Soulslike RPG says they didn't use any AI-generated content and it can't match "genuine creativity"