The agreement in relation to the console space suggests creative and selective interpretation of the US government. The US interprets how Sony and Nintendo compete with each other within Japanese territory to make a case for MS.Again, I think it's a bit of a stretch that this agreement applies to exclusivity in the console space, but the agreement does exist, and is the once cited by US lawmakers as the one Japan/Sony are in violation of. Regardless, a trade agreement does give all parties involved the ability to decide and interpret how companies compete in their home region if there are provisions for it. This one does, as most do.
The agreement on the other hand is regading relations between US and Japanese trade.
edit: Also it is very ironic how all of a sudden the console gaming specifically became such a huge concern for the US government. The US digital industry very likely owns most of the global economy's market share.
MS obviously contacted the US government through lobbying after they got Sony's documents to make a case.
They are using the agreement to make a case to weaken Sony's ability to make deals with japanese companies which weaken's also its future ability to compete against MS's mergers and acquisitions in the global market. They are basically assisting through loopholes such as local agreements they can find, MS to get a hold of the global market.
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