Weird? No.
Pointless? Yes.
I am not for the merger at all but their trial performance first time around was so bad I can't see them coming up with a good case.
I mean how is it not weird. The argument is that they want to protect consumer choice.......okay?
The gaming market no longer has high barriers to entry, a low level developer or a person with a small understanding game creation can still create games e.g asset flips, 3rd party creation etc.
The gaming market has more mediums through which developers can sell their games, Steam, GOG, Epic, Game Passes, Apple & Google Store etc.
They have various means of funding and don't need a publisher, GoFundMe, Patreon etc.
They can market their games through a wider audience cheaply (because that cost has come down), YouTube or practically any-form of social media.
You can make some of the arguments against some of the M&A activity last year on protections of the consumer but they didn't go this hard. It was just the usual notice and then approval.
I have theory and maybe I'm wrong but because this is a high profile acquisition, to quell those who are interested and those who mostly disapprove of this deal (mostly those who socialist tendencies), and to justify the FTC's bloated budget, they choose this case. Because the arguments placed forward in the first round by the FTC are so incredibly weak that it makes me wonder why continue this struggle at all.
It looks to me more like for appearances than them being concerned by consumer protection.