In my very limited experience telling Jusges what they can and cannot do usually doesn't go over well.
Yeah, the judges callsd them out for that one and forced them to walk it back.
I don't know, I read on Twitter that many people think the judges seemed to agree more with Ftc than with Microsoft this time.
What I wonder is, in case the Ftc wins what are the consequences?
That is likely because of what ultimately happened. The FTC was essentially asking the judges to overturn precident and set a brand new one. So they came prepared to argue that (however weak that argument ultimately ended up being once you boil down to the root of it). As a result they weren't really arguing that the court was wrong to come to the conclusions it did, but that the way it came to it's conclusions was wrong because it should have known that when the FTC said X they really meant Y.
Meanwhile Microsoft was arguing that when the FTC argued X, it really was X; And that they provided zero arguments, zero records, and zero proof on all instances of Y. And that the FTC couldn't even find a witness capable of backing them up. Microsoft then pulled up case law showing exact precidents from recent court cases against the FTC/DOJ using similar or the same arguments used against them, that the FTC/DOJ ended up losing. Stating that the Judge should respect precident here as well.
The FTC then rebutted that X and Y are similar enough that they should have both been considered together, but only under some selective scenarios where the rules aren't spelled out. They tried to make a bunch of arguments that they refused to make earlier during the actual trial, and then they tried to claim that they didn't have enough time to investigate the acquisition, and that the CMAs decision on cloud has zero impact on the rest of the world (they're wrong). They also brought back the false Minecraft Argument that Microsoft nerfs Minecraft on PS5 because it doesn't run native (despite the fact that it doesn't on the SXS either).
And yeah. That's basically what this all boils down to, whether the FTC should be allowed to set new precident or not.
In my (non-legal) opinion, with the evidence they provided (almost none) they shouldn't. But I also think that Microsoft could have served better if they came prepared to debunk some of the falsehoods being parroted by the FTC that everyone seems to accept as fact for whatever reason.