Today, Microsoft filed a revised effect to the United States Federal Trade Commission’s suit intended to halt the tech elephantine from buying up Call of Duty steadfast Activision. The initial filing contained aggregate arguments claiming the FTC itself and its tribunal strategy were unconstitutional. But present Microsoft has yanked that connection retired of the doc and claimed it was each a mistake. Y’know, conscionable your mean oopsie of calling a ample authorities bureau unconstitutional.

Last year, Microsoft announced its plans to devour Call of Duty and World of Warcraft publisher Activision Blizzard for a whopping $69 billion. Since then, Microsoft and Activision Blizzard person faced pushback and ineligible roadblocks astir the world arsenic assorted authorities agencies and regulatory committees analyse if the monolithic woody would springiness Microsoft an unfair vantage against its competitors. As you would expect, Microsoft and Activision Blizzard person fought backmost and spent 2022, filing responses, docs, and tribunal paperwork successful an effort to marque its woody happen.

In a property merchandise enactment retired by the FTC past month, the bureau announced a suit against the merger and reasoned that Microsoft would beryllium capable to stifle its competitors by making games Xbox exclusives and manipulating prices, should the woody spell through. Microsoft fought backmost via a effect that contained a batch of arguments, including the assertion that the FTC itself was really unconstitutional.

However, arsenic reported by Axios, today Microsoft refiled its response to the suit and has omitted the conception arguing that the FTC’s suit was “invalid due to the fact that the operation of the Commission arsenic an autarkic bureau that wields important enforcement power” violates Article II of the US Constitution. In that aforesaid conception of the archetypal filing, Microsoft besides argued that the suit and ineligible proceedings being carried retired by the FTC were “invalid” due to the fact that the FTC’s authoritative ailment violated Article III of the U.S. Constitution. Oh, and Microsoft’s ineligible squad besides claimed that the FTC’s “procedures” violated the company’s “right to Equal Protection nether the Fifth Amendment.”

Read More: Gamers Are Suing Microsoft To Thwart Its Merger With Activision

Now each of that is gone and Microsoft tells Axios that it astir apt shouldn’t person been successful that archetypal doc successful the archetypal place.

“The FTC has an important ngo to support contention and consumers, and we rapidly updated our effect to omit connection suggesting different based connected the constitution,” Microsoft nationalist affairs spokesperson David Cuddy told Axios. “We initially enactment each imaginable arguments connected the array internally and should person dropped these defenses earlier we filed.”

Microsoft says it appreciates each the “feedback” it received astir its arguments claiming the FTC itself was unconstitutional and are “engaging straight with those who expressed concerns” to marque the company’s presumption connected the substance “clear.” In different words, the FTC astir apt didn’t instrumentality excessively kindly to beryllium called unconstitutional and you astir apt shouldn’t choler the radical suing you and trying to halt your full large merger from happening.

Axios reports that Activision is besides dropping akin allegations it had included successful its own, abstracted response to the aforesaid FTC lawsuit.