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Microsoft claims it committed an error last month when it claimed that it was the structure of the Federal Trade Commission.
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The agency trying to hinder its bid to acquire Activision Blizzard violates the United States Constitution.
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Microsoft withdrew that claim on Thursday when it submitted a revised and less explosive reply to FTC's suit.
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Microsoft's new filing argues that the purchase of the company that developed Call of Duty, World of Warcraft and Candy Crush does not mean that it will stifle rivalry with other game makers.
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"The FTC has an important mission to protect competition and consumers, and we quickly updated our response to omit language suggesting otherwise based on the constitution," said a Microsoft spokesperson for public affairs.
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"We initially put all potential arguments on the table internally and should have dropped these defences before we filed."
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"We appreciated feedback about these defences and engaged directly with those who expressed concerns to clarify our position."
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Activision has also dropped those exact allegations, which they contained in its reply to the suit earlier this month.