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Fallout 4 season pass lawsuit aims to delay Microsoft’s Bethesda acquisition

While Microsoft is expecting regulatory approvals for its acquisition of Bethesda/ZeniMax within the next week, there is one other surprise potential blockade in the way. A lawsuit against Bethesda over Fallout 4’s Season Pass has been updated, requesting that the merger be postponed. 

The class action lawsuit claims that Bethesda’s Creation Club content should have been included with Fallout 4’s Season Pass. The case argues that Creation Club content, which is developed by Bethesda and partners, is no different from traditional DLC. Since the Season Pass claimed to include all DLC, the content on the Creation Club should have been part of what customers already paid for, not sold separately.

The lawsuit was filed by X-Law Group in July 2019 and alleges breach of contract, unjust enrichment, negligent misrepresentation and fraud. Speaking with GamesBeat this week, one of the lawyers on the case revealed that they would be attempting to stop the Bethesda/ZeniMax merger with Microsoft for the time being:

“What we’re going to try and do is go in and ask a judge to stop the sale between Microsoft and Bethesda to preserve the assets. And it’s known as a motion for preliminary injunction.”

If the case remains unsettled, it could go to trial in 2022.

KitGuru Says: Whether or not a judge does decide to delay Microsoft’s acquisition of ZeniMax remains to be seen. On Microsoft’s side, the company is apparently preparing for a Bethesda-focused event in mid-March, so they seem confident that everything will go through in the next few weeks. 

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