A footnote in Microsoft's submission to the UK's Competition and Markets Authority (CMA) (opens in new tab) explains why Call of Duty is not included in the Xbox Game Pass library: Sony and Activision Blizzard have signed a agreement that restricts the presence of the game on the service.

This footnote appeared in a section detailing the potential benefits to consumers (from Microsoft's perspective) of Activision Blizzard's catalog appearing on Game Pass. In it, Microsoft states that in its $68 billion acquisition (open in new tab), it plans to continue to honor "any existing contractual obligations Activision Blizzard may have with other platforms."

What are existing contractual obligations, like the "agreement between Activision Blizzard and Sony," which "restricts Activision Blizzard from placing COD titles on Game Pass for several years."

Xbox's Phil Spencer said in January that Sony's boss and confirmed that Microsoft "intends to honor all existing agreements in acquiring Activision Blizzard," apparently with this type of deal in mind (opens in new tab).

Unfortunately, the footnote ends there, without much detail as to what these restrictions are or how long they will remain in effect in a possible post-acquisition world. given that COD continues to not appear on the game pass One has to imagine that this restriction is quite significant, even if it doesn't prevent COD from appearing on the Game Pass altogether. In any case, the simple fact that Microsoft would place some restrictions on offering first-party games on Game Pass is rather remarkable, given that one of the reasons for the company's acquisition spree was to make Game Pass more attractive.

The irony of Sony making such a deal while worrying about the future of COD on PlayStation is probably lost on Microsoft's lawyers. While it is perfectly understandable to worry about a world where more and more property is concentrated in the hands of giant behemoths, it seems a bit odd to complain about losing access to games while blocking entry to competing services.

Whether the CMA agrees or not will be known when the detailed "Phase 2" study (opens in new tab) on the Activision Blizzard acquisition is completed. For now, we will have to content ourselves with looking through these corporate filings for interesting tidbits like this one. For now, we know that Microsoft has a bleak outlook on the future of cloud gaming (opens in new tab), and that the company thinks Sony need not worry so much (opens in new tab). Who knows what will come out next?