Complaint Counsel is entitled to discovery of, for example, how these payment schemeswere determined, whether Ubisoft can profitably offer streamed Activision games based on these schemes, and whether other market participants can profitably purchase streamed Activision games based on this pricing scheme.
This raises doubts about whether it could ever be profitable for Ubisoft to license these games to multi-game content subscription service providers that offer streaming. If not, the effect may be to foreclose new Activision games from being offered on those services. This potential anticompetitive effect, among others, demonstrates why discovery is needed from Respondents and Ubisoft, as well as from the multi-game content subscription services providing cloud streaming today, including Amazon and Sony.