David Cuddy, public affairs spokesperson for Microsoft, told Axios' Stephen Totilo that the company "put all potential arguments on the table internally and should have dropped these defenses before we filed.It sticks to the software giant's broader claims that acquiring Activision would not lock down gaming subscription services or cloud gaming services, that it has made offers to license games like Call of Duty to Nintendo, Valve, and other platforms, and that the FTC's claims are "too speculative" and not actionable.Familiar and timely argumentsThe companies' pushback against regulatory authority comes as the US Supreme Court considers cases that could give companies more power to pursue constitutional defenses against regulatory agencies.Microsoft, a company deeply familiar with the FTC's scope and procedures, has more broadly sought to position itself as more of a scrappy underdog in certain game markets than an anti-competitive force.In The Wall Street Journal, Microsoft Vice Chair and President Brad Smith described his company as third-place in the console market, a barely relevant player in mobile gaming, and simply the first major company to innovate around monthly game subscriptions."