The FTC is now pushing Bobby Kotick on mobile and Switch games, like Call of Duty mobile. Activision partnered with Tencent because Kotick admits “we couldn’t make that game on our own at the time.”

The FTC is arguing here that Activision doesn’t have the experience to make Call of Duty on mobile, so why would Microsoft be able to create a version for Switch?

Kotick responds:

Literally from a high level they could evaluate what would be required or they could envision a game that they might make on Switch.

The FTC then reveals Kotick only found out about the Nintendo Switch version of Call of Duty from news reports, and that the agreement also purports to bring a future Call of Duty game to a future Nintendo console.

We would consider it once we had the specs, but we don’t have them at present. We missed out on the opportunity for this past generation of Switch, but we’d have to wait until the specifications. We don’t have any present plans to do so.

But in Kotick’s previously testimony he says:

I actually think we will likely make a Call of Duty game for a new Nintendo console. I can’t tell you there are specific plans, but I can tell you it’s something we’d consider.

Judge Corley intervenes. “If the merger doesn’t go through, you said you made a mistake with the Switch, you’re not going to make that mistake again. What would be a reason not to?

If we didn’t have the resources and there was something wrong with the specifications

Judge Corley: So you’d like to be able to put Call of Duty on the Nintendo Switch?

I think we would consider it and if it was something where we could make a great game we’d likely consider it.