Judge Ruled That the Nintendo Switch Is A Competitor To Microsoft/Sony Systems

[John Elden Ring]

Fast forward to now, as IGN notes, Judge Jacqueline Scott Corley stated that the Switch was a true competitor to the other systems whether the FTC wanted to admit it or not. They even noted that the Xbox Series S was priced lower to compete with the Switch. Plus, numerous high-end and popular titles are on Switch as well as the other systems.

Even though much of the focus was on Sony and obviously Xbox, Nintendo was dragged into the fight in day two of the trial, with the FTC arguing that the Switch is “very different” than the current-gen Xbox and PlayStation consoles. As today’s ruling put it, the FTC “insists the Nintendo Switch’s pricing, performance, and content make it an improper substitute at least for purposes of its preliminary injunction motion.”

Xbox head Phil Spencer, however, said in court that it was “incorrect” to say that Nintendo “isn’t a competitor,” and Judge Jacqueline Scott Corley agrees with him. While acknowledging that the Series X and PlayStation 5 are both a couple of hundred dollars more expensive than the Switch, the ruling caveats that “Xbox set the price of its entry-level Series S to compete with the Switch.” It points to quotes from Xbox CFO Tim Stuart, who said in the trial that the company considered the Switch when setting the price of the Series S.

"The FTC... [doesn't] consider the extent to which the Switch’s differentiated features... are factors the customer balances.

“And, there are functionality differences between the Switch and the PlayStation and Xbox consoles – the Switch is portable, and it has its own screen and less powerful hardware,” the ruling continues. “However, neither the FTC nor its expert consider the extent to which the Switch’s differentiated features including its price, portability, and battery are factors the customer balances when deciding which console to purchase.”

The court also acknowledges that there are obvious "content differences" between the Switch and PlayStation, but adds that many of the most popular PlayStation and Xbox games are also available on the Switch, citing Fortnite, Minecraft, Rocket League, Lego Star Wars, Fall Guys, and the FIFA, MLB the Show, and NBA 2K franchises.

 

[Remember_Spinal]

No shit

 

[ethomaz]

Of course the key difference of Switch are what drive gamers to buy it.

I mean where more can you play Nintendo games in portable form?

 

[Yobo]

All that shows is the value of exclusives and that Microsoft would be incentivised to make exclusives like the market leader

 

[TubzGaming]

No way!
The switch ain't competing, the king of all handheld/console games is already beating both so its really Microsoft VS Sony.
This is coming from someone that think's everyone that owns a PlayStation also owns a computer able to run all the latest games. (Because of C19 everyone owns one!)

 

[Zzero]

I don't know how an unbiased person could say that they aren't competitors. You walk into Walmart and the three have identical gaming sections set up, differentiated only by color. No shit they're competing.

 

[Cool hand luke]

I don't know how an unbiased person could say that they aren't competitors. You walk into Walmart and the three have identical gaming sections set up, differentiated only by color. No shit they're competing.