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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of 

Microsoft Corp., 

a corporation, and DOCKET NO. 9412 

Activision Blizzard, Inc., 

a corporation, 

Respondents. 

FOURTH MOTION OF NON-PARTY SONY INTERACTIVE ENTERTAINMENT 

LLC FOR EXTENSION OF TIME TO MOVE TO LIMIT OR QUASH SUBPOENA 

Non-party Sony Interactive Entertainment LLC (“SIE”) hereby moves for a seven-day 

extension of time to February 10, 2023, to move to limit or quash the subpoena served on SIE by 

Respondent Microsoft Corp. (“Microsoft”) on January 17, 2023 (the “Subpoena”). SIE also 

requests that the Court grant SIE’s request without awaiting a response from Microsoft, pursuant 

to 16 C.F.R. § 3.22(f). SIE anticipates that this will be its last request for an extension to the 

motion to quash deadline and that the parties will either reach final agreement or narrow any 

impasse by February 10, 2023. Microsoft disagrees with the relief requested in this motion. 

Microsoft served SIE with the Subpoena on January 17, 2023, with a response date of 

January 20, 2023, just three days later. SIE filed three timely agreed motions for extension of 

time – collectively totaling only 14 days – which this Court granted. The current deadline for 

SIE to move to limit or quash or otherwise respond to the Subpoena is tomorrow, February 3, 

2023. 

Microsoft’s Subpoena is facially overbroad. It includes 45 distinct document requests, 13 

of which have multiple subparts, for a total of more than 120 separate document requests. On 
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top of that, the subpoena has 52 defined terms and 21 instructions, all of which must be worked 

through. These requests demand all documents related to nearly all aspects of SIE’s business, as 

well as extensive sets of sales, financial, and personal user data (e.g., user date of birth, user 

country, user gender, covering what will likely be millions of users). Ten of these requests seek 

materials going back more than 11 years to January 2012. And even after intensive efforts by 

SIE to negotiate the scope of the Subpoena, SIE estimates that providing the responses that SIE 

has suggested from the custodians that SIE has offered—not what Microsoft is still demanding— 

will cost approximately $2 million or more in fees and expenses and demand weeks of intense 

work and substantial efforts and involvement of SIE personnel. See Ex. A (C. Mahoney 

Declaration). 

Given the breadth of the Subpoena and the scope of Microsoft’s requested production, 

negotiations have taken time. Starting immediately after receiving the Subpoena, SIE has 

diligently engaged with Microsoft in an effort to negotiate a reasonable scope for the Subpoena 

and has promptly responded to Microsoft’s communications. At Microsoft’s demand, SIE 

served a detailed, 55-page set of responses and objections on January 24, 2023, shortly after 

receiving the Subpoena, and SIE participated in five separate meet and confers on January 18, 

24, 25, and 26 and February 1.1

 After demanding detailed written responses and objections from 

SIE late in the evening on Thursday, January 19 and receiving them early on Tuesday morning, 

January 24, Microsoft then took more than one week to respond in writing on late Tuesday 

afternoon, January 31. Microsoft’s response was received just three days before SIE’s deadline 

1

 Microsoft designated its Subpoena as Confidential and so SIE has not attached a copy of it or related 

communications to this Motion. Should the Court wish to see the Subpoena, SIE’s responses and objections, or 

Microsoft’s January 31, 2023 response, SIE would be happy to submit a copy to the Court in camera. 

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to respond to the Subpoena and totaled nine printed pages. SIE is in the process of analyzing 

Microsoft’s response, but cannot resolve this process in the time remaining. 

SIE believes that negotiations have been productive and expects that further negotiations 

may resolve nearly all issues. Microsoft agreed that it also believes further negotiations are 

likely to narrow or eliminate most disputes. Yet Microsoft has offered to extend SIE’s time only 

to negotiate the scope of the documents requests and has refused to extend SIE’s time to 

negotiate the scope of custodial collections (i.e., whose documents will be collected and 

reviewed for responsiveness), a position that Microsoft only conveyed to SIE after close of 

business last night, February 1. The issues of custodians and scope are intertwined, however, 

and cannot realistically be carved into separate negotiations and, if necessary, separate motions 

to quash. Moreover, Microsoft’s attempt to force SIE to simultaneously negotiate parts of its 

subpoena while litigating others would both inefficiently subject the Court to piecemeal motions 

and distract SIE from focusing on reaching as reasonable a resolution as possible on the 

substance of the Subpoena.2

 As a result, absent an extension, SIE will now likely be forced to 

file a broad motion to limit or quash the Subpoena tomorrow, February 3, 2023, even though 

both Microsoft and SIE believe that many of the issues that will be addressed in the motion 

would ultimately be resolved in the next seven days were there an extension. 

Indeed, Microsoft has already delayed resolution of the Subpoena issues by refusing to 

agree to a single, reasonable extension of time, and instead forcing SIE to file four motions for 

extension of time (including this one) within the span of 14 days. By contrast – and consistent 

with normal discovery practice before this Court – Activision agreed to a single reasonable 

2

 Microsoft’s fragmented proposal is also inconsistent with the approach preferred by Rule 3.34(c) of the Rules of 

Practice, which indicate that motions to quash are expected to “set forth all assertions of privilege or other factual 

and legal objections to the subpoena, including all appropriate arguments, affidavits and other supporting 

documentation.” 16 C.F.R. § 3.34(c) (emphasis added). 

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multi-week extension to February 13, 2023 for third party Nvidia, Doc. No. 606798, and the FTC 

agreed to a single reasonable multi-week extension to February 15, 2023 for SIE, Doc. No. 

606810. Microsoft is singling out SIE for unreasonable micro-extensions of two or three days at 

a time, distracting SIE from focusing its efforts on substantively responding to the Subpoena. 

If Microsoft wanted a rapid response to its Subpoena that could have been negotiated in 

its unrealistically short deadlines, it should have served a narrowly tailored one focusing on the 

ultimate issue in this case: whether Microsoft’s acquisition of Activision Blizzard, Inc., 

(“Activision”) may lessen competition. Instead, Microsoft chose to lard up its staggeringly 

broad Subpoena with completely irrelevant requests, such as requests for all documents related to 

performance reviews and evaluations of all Sony gaming leadership or management (No. 13), all 

documents relating to SIE’s gaming business sent to, received from, or exchanged with other 

Sony entities (No. 17), and executed copies of every content licensing agreement SIE has entered 

into with any third-party publisher over the past 11 years (No. 35), to name just a few. 

Nonetheless, despite Microsoft’s unreasonably broad Subpoena and infeasibly short 

deadlines, SIE has been diligently working with Microsoft and simply needs seven more days to 

complete that process. As a show of good faith, SIE has already begun producing material 

responsive to Microsoft’s requests even while negotiations are ongoing. SIE believes that in one 

week’s time most issues will have been resolved and both sides will have a clear picture of 

which disputes, if any, will require the Court’s intervention. It simply makes no sense to force 

SIE to file a motion to quash now given the status of negotiations. 

Pursuant to the January 4, 2023 Scheduling Order, Microsoft has until April 7, 2023, to 

complete fact discovery, and, therefore, SIE does not believe the requested extension of seven 

days will delay the progress of these proceedings. 

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WHEREFORE, for good cause shown, SIE respectfully requests that Your Honor grant 

the requested relief pursuant to 16 C.F.R. § 4.3(b). 

Dated: February 2, 2023 

Respectfully submitted, 

/s/ Isabel Tuz 

D. Bruce Hoffman (bhoffman@cgsh.com) 

Leah Brannon (lbrannon@cgsh.com) 

Carl Lawrence Malm (lmalm@cgsh.com) 

Isabel Tuz (ituz@cgsh.com) 

2112 Pennsylvania Avenue, N.W. 

Washington, D.C. 20037 

T: +1 202 974 1500 

CLEARY GOTTLIEB STEEN & HAMILTON LLP 

Counsel for Non-Party Sony Interactive 

Entertainment LLC 

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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of 

Microsoft Corp., 

a corporation, and DOCKET NO. 9412 

Activision Blizzard, Inc., 

a corporation, 

Respondents. 

[PROPOSED] ORDER GRANTING MOTION FOR EXTENSION OF TIME TO MOVE 

TO LIMIT OR QUASH SUBPOENA 

On February 2, 2023, non-party Sony Interactive Entertainment LLC (“SIE”) filed a 

Motion for Extension of Time to Move to Limit or Quash or Otherwise Respond to a subpoena 

(“Motion”) served by Respondent Microsoft Corp. (“Microsoft”) on January 17, 2023. 

Under FTC Rule of Practice 3.34(c), any motion to limit or quash a subpoena must be 

filed within the earlier of ten days of service of the subpoena or the time for compliance 

therewith. SIE states that it seeks a fourth extension of time in order to continue its negotiations 

with Microsoft regarding the subpoena, thereby narrowing potential discovery disputes. 

FTC Rule 4.3(b) authorizes the Administrative Law Judge, except in circumstances not 

here presented, to extend any time limit prescribed by the rules “[f]or good cause shown.” 16 

C.F.R. § 4.3(b). Based on the representation in the Motion, SIE has demonstrated good cause for 

the requested extension. Accordingly, the Motion is GRANTED and it is hereby ORDERED 

that SIE’s deadline for filing any motion to limit or quash or otherwise respond to the subpoena 

pursuant to Rule 3.34(c) is extended to February 10, 2023. 
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ORDERED: 

Date: February , 2023 

D. Michael Chappell 

Chief Administrative Law Judge 

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CERTIFICATE OF SERVICE 

I hereby certify that on February 2, 2023, I filed the foregoing document electronically 

using the Federal Trade Commission’s e-filing system, which will send notification of such filing 

to: 

April Tabor 

Secretary 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-113 

Washington, D.C. 20580 

ElectronicFilings@ftc.gov 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-110 

Washington, D.C. 20580 

OALJ@ftc.com 

I also certify that I caused the foregoing document to be served via email to: 

Complaint Counsel 

James Weingarten 

James Abell 

Meredith Levert 

Jennifer Fleury 

Cem Akleman 

Taylor Alexander 

Amanda Butler 

Merrick Pastore 

Nicole Callan 

Ethan Gurwitz 

Maria Cirincione 

James Gossmann 

Stephen Santulli 

Edmund Saw 

Michael A. Franchak 

Peggy Bayer Femenella 

Kassandra DiPietro 

Justin Alexander Ansaldo 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, D.C. 20580 

(202) 326-2289 

jweingarten@ftc.gov 

jabell@ftc.gov 
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mlevert@ftc.gov 

jfleury@ftc.gov 

cakleman@ftc.gov 

talexander@ftc.gov 

abutler2@ftc.gov 

mpastore@ftc.gov 

ncallan@ftc.gov 

egurwitz@ftc.gov 

mcirincione@ftc.gov 

jgossmann@ftc.gov 

ssantulli@ftc.gov 

esaw@ftc.gov 

mfranchak@ftc.gov 

pbayerfemenella@ftc.gov 

kdipietro@ftc.gov 

jansaldo@ftc.gov 

Counsel for Respondent Microsoft Corp. 

Beth Wilkinson 

Rakesh N. Kilaru 

Kieran Gostin 

Grace L. Hill 

Anastasia M. Pastan 

Alysha Bohanon 

Sarah E. Neuman 

Wilkinson Stekloff LLP 

2001 M Street, NW 

Washington, D.C. 20036 

(202) 847-4010 

bwilkinsonstekloff.com 

rkilaru@wilkinsonstekloff.com 

kgostin@wilkinsonstekloff.com 

ghill@wilkinsonstekloff.com 

apastan@wilkinsonstekloff.com 

abohanon@wilkinsonstekloff.com 

sneuman@wilkinsonstekloff.com 

Michael Moiseyev 

Megan Granger 

Weil, Gotshal & Manges LLP 

2001 M Street, NW 

Washington, D.C. 20036 

(202) 682-7235 

michael.moiseyev@weil.com 

megan.granger@weil.com 

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Counsel for Respondent Activision-Blizzard, Inc. 

Steven C. Sunshine 

Julia K. York 

Jessica R. Watters 

Skadden, Arps, Slate, Meagher & Flom LLP 

1440 New York Avenue, N.W. 

Washington, D.C. 20005 

(202) 271-7860 

steve.sunshine@skadden.com 

julia.york@skadden.com 

jessica.watters@skadden.com 

Maria A. Raptis 

Michael J. Sheerin 

Evan R. Kreiner 

Andrew D. Kabbes 

Bradley J. Pierson 

Matthew M. Martino 

Skadden, Arps, Slate, Meagher & Flom LLP 

One Manhattan West 

New York, NY 10001 

(212) 735-2425 

maria.raptis@skadden.com 

michael.sheerin@skadden.com 

evan.kreiner@skadden.com 

andrew.kabbes@skadden.com 

bradley.pierson@skadden.com 

matthew.martino@skadden.com 

Respectfully submitted, 

/s/ Isabel Tuz 

D. Bruce Hoffman (bhoffman@cgsh.com) 

Leah Brannon (lbrannon@cgsh.com) 

Carl Lawrence Malm (lmalm@cgsh.com) 

Isabel Tuz (ituz@cgsh.com) 

2112 Pennsylvania Avenue, N.W. 

Washington, D.C. 20037 

T: +1 202 974 1500 

CLEARY GOTTLIEB STEEN & HAMILTON LLP 

Counsel for Non-Party Sony Interactive 

Entertainment LLC 

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EXHIBIT A
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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of 

Microsoft Corp., 

a corporation, and DOCKET NO. 9412 

Activision Blizzard, Inc., 

a corporation, 

Respondents. 

DECLARATION OF CHRISTIAN J. MAHONEY IN SUPPORT OF 

NON-PARTY SONY INTERACTIVE ENTERTAINMENT LLC'S 

OTION FOR EXTENSION OF TIME TO MOVE TO LIMIT OR QUASH SUBPOENA 

I, Christian J. Mahoney, declare as follows: 

1. I am an attorney admitted to practice law in the District of Columbia. I received a J.D. 

m the Georgetown University Law Center in 2003, and a B.A. from the University of Miami 

2000. I am the head of the Discovery & Litigation Technology group at Cleary Gottlieb Steen 

Hamilton LLP ("Cleary Gottlieb"). Cleary Gottlieb is counsel to non-party Sony Interactive 

tertainment LLC ("SIE") in this action. 

2. Before joining Cleary Gottlieb, I worked for Xerox Litigation Services, where I advised 

ents on the usage of advanced technology and processes for responding to discovery requests. 

3. As director of the Discovery and Litigation Technology group at Cleary Gottlieb, I lead a 

M

fro

in

& 

En

cli

team that focuses on electronic discovery, artificial intelligence, data analytics, and information 

governance. In that capacity, I advise clients on data retention, preservation, collection, review, 

and production processes. I also negotiate discovery procedures with government regulators and 

opposing counsel. 

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4. In my role, I routinely supervise the preparation of cost and time estimates for the 

collection, processing, review, and production of electronically stored information ("ESI"). I 

have led and supervised teams of attorneys and subject-matter experts assisting counsel m 

identifying, preservmg, collecting, processmg, rev1ewmg, and producing ESI pertinent to 

specific litigation matters for approximately 15 years. 

5. I also routinely advise clients on implementing sophisticated technology processes, 

including technology-assisted review ("TAR") and artificial intelligence ("AI"), for 

identification of data for review and production. I regularly speak at industry conferences and 

continuing legal education webinars on issues related to TAR and AI, served as a lead writer on 

issues related to the usage of AI for the Sedona Conference Working Group 11 drafting 

committee, and conduct research on novel implementations and training processes for TAR and 

AI. 

6. Cleary Gottlieb also advised SIE in Federal Trade Commission v. Meta Platforms, Inc., 

et al, No. 5:22-cv-04325-EJD (SVK) (the "Meta/Within litigation") currently pending before the 

FTC and in SIE's acquisition ofBungie, Inc. As SIE's counsel, I have examined its data sources 

and records of its collected volumes of custodial data on recent discovery matters. 

7. By making this declaration, I do not intend, and am not authorized, to waive any 

applicable privilege or protection from discovery, including the attorney-client privilege and 

work product protections. 

8. I have reviewed the subpoena that Microsoft has served on STE in this action. 

9. STE has offered to review and produce responsive, non-privileged Microsoft email, 

attachments, and Teams chats for seven custodians, collected from 2019 through the present. 

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10. Based on my experience, under SlE's proposed modifications and taking into account 

expected SIE data volumes, SIE would incur approximately $2 million or more in legal and 

related costs in connection with harvesting, processing, TAR modeling, reviewing, and 

producing the documents. 

I declare under penalty of perjury that the foregoing is true and correct. 

Executed in Washington, D.C. on February 2, 2023. 

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