Microsoft’s announcement that Game Pass prices are going up soon has caused no shortage of discussion, and most recently this has resulted in the FTC (Federal Trade Commission) submitting a filing to the US Court of Appeals for the Ninth Circuit. This letter claims the new offering includes “a degraded product” compared to the previous pricing tiers, and that the proposed changes cause “exactly the sort of consumer harm” the FTC warned might come about as a result of the Microsoft merger with Activision-Blizzard.
In a letter of response, Microsoft representative Rakesh Kilaru of law firm Wilkinson Stekloff writes that the new FTC filing “presents a misleading, extra-record account of the facts and is a continuation of the agency’s attempts to reinvent its case on appeal.” It notes that the increased price of Game Pass Ultimate is matched by “more value through many new games available ‘day-and-date,’” including upcoming PC games such as Call of Duty Black Ops 6.
The response, shared by Tom Warren of The Verge via X/Twitter, notes that the new Game Pass Standard tier includes multiplayer functionality for Xbox console players, which was previously required as a separate subscription from the Game Pass for Console service. “It is wrong to call this a ‘degraded’ version of the discontinued Game Pass for Console offering,” Kilaru writes.
“The FTC barely mentioned subscription at trial,” Kilaru continues, “instead focusing on the theory that Microsoft would withhold Call of Duty from Sony’s console. The district court correctly rejected that theory, which is now further eroded by Microsoft and Sony’s ten-year agreement to keep Call of Duty on PlayStation – a contract Sony was ‘thrilled’ to enter.”
The Microsoft letter also goes on to state that “Even in the alleged subscription market, Call of Duty is not being withheld from anyone who wants it. And there remains no evidence anywhere of harm to the competition: Sony’s subscription service continues to thrive, even as they put few new games into their subscription day-and-date, unlike Microsoft. The transaction thus continues to benefit competition and consumers – exactly what the district court correctly found.”
The planned price changes are set to come into effect from Thursday September 12, and will see PC Game Pass increase from $10 / £8 to $12 / £10 per month, although that tier will still retain its full suite of day-one releases. Game Pass Ultimate will see its monthly price raised from $17 / £13 to $20 / £15, while the new Game Pass Standard – a console offering that excludes day-one releases, EA Play, PC Game Pass, and cloud gaming features – will be priced at $15 / £11 per month.
If you’re pondering whether Microsoft’s service is still for you in light of the announced adjustments, have a look through the best games on Game Pass in 2024 to see what’s worth your time. We’ve also got the latest details on the Black Ops 6 release date and everything coming to the next Call of Duty game.
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