Microsoft has asked PlayStation to produce documents on all games registered exclusively for the console since 2012.
PlayStation tried to quash the subpoena, arguing that compiling the documents was “too onerous.”
As VGC reports, Sony had to go through more than 150,000 documents to collect the relevant data.
Despite PlayStation’s efforts, the European Federal Trade Commission (FTC) agreed with Microsoft that a list of exclusive games would be relevant to the case.
This case concerns Microsoft’s planned acquisition of Call of Duty publisher Activision Blizzard.
Sony claims that the company’s acquisition by Microsoft will result in Xbox holding a monopoly in the gaming industry.
Xbox has consistently denied these claims, even releasing data showing it currently only holds a 30/70 share of the world market compared to PlayStation.
PlayStation argued that by having access to Activision Blizzard’s intellectual property, the number of Xbox-exclusive titles would have a negative impact on competition.
Because of this, the FTC ruled that Sony needed to display its console-exclusive games to assess its “impact on industry competitiveness.”
However, the FTC changed the subpoena to only show the 2019 exclusive.
If the case goes to court as planned in August 2023, all released and upcoming PlayStation Exclusive games will be released.
Courts can then compare the number of exclusive titles for each platform and better assess the potential market impact.
Microsoft is seeking to buy Activision Blizzard for $69 billion (£58 billion) in one of the biggest deals in the industry.
Xbox hopes to enter the mobile gaming market by acquiring the company’s successful mobile division, King.
King makes some of the world’s most popular mobile games such as Candy Crush.