Call of Duty games won't be seen on Xbox Game Pass for "a number of years" as "prior agreements" between Sony and Activision will prohibit the franchise from moving to the subscription service if Microsoft's acquisition is approved. In Microsoft's response to the Competition and Markets Authority's decision to enter a second phase of investigation into the proposed $69 billion deal, footnote references to a tweet from Microsoft Gaming CEO Phil Spencer were highlighted by the company.

"The agreement between Activision Blizzard and Sony includes restrictions on the ability of Activision Blizzard to place Call of Duty titles on Game Pass for a number of years," the footnote reads (via VGC). Sony and Activision had previously entered into a co-marketing deal during the PS4 generation, which has seen a number of exclusive perks made available on PlayStation consoles over the years, and Microsoft will honor those deals.

Spencer had also confirmed this in a previous interview and has promised to keep the Call of Duty franchise on PlayStation for "years" beyond Sony's existing contract with Activision. Sony has criticized this promise and says that Call of Duty will only be available for three more years on PlayStation after the current deal ends.