In that thread, we were testing the "legality" of the pact as it relates to competition laws, and also to get more info on what market impact this pact has had on the 3 different consoles.  Market analysis by the regulator proved that this pact between MS and Activision had no impact on XBOX sales in Canada. PS3 and XBOX systems are virtually tied in sales up here. There was also a question whether "tied selling" applied to this pact and whether or not it was legal. Tied selling is not legal in Canada and did apply with the Activision and Microsoft pact, but in order to put financial fines specifically from the regulator on the company, there would have to be significant market impact.  Meaning XBOX's sales would have had to be up more than 50% specifically due to this pact, before the regulator would act.  In theory Activision can be sued in Canada for this pact in civil court because "tied selling" isn't legal, but because there is virtually no market impact, it would be hard to prove damages.  Canadian courts usually don't award much on punitive damage awards as they would in the US for not following law.  Our courts usually award more for statutory damages, meaning actual damages and in this case that would be more Sony's responsibility, not ours as far as diminished market sales and so forth.

What we've started in this thread is the same federal regulator, but completely different. What would be studied with the advertising complaint as far as market analysis in the complaint is whether or not disclosing the information on the Elite content delay for the PS3 would have had a negative impact on Elite Premium sales, whether that was known by Activision and whether or not that was the reason why they left it out.

I'm a elite premium subscriber, and I sure as hell wouldn't have touched the hardened edition, or purchased elite myself if we knew releases were going to be delayed.  I think a lot of people feel this way, so I think there's evidence to support this.  Lots of comments online about it. 

Online complaints submission to the Ministry of Consumer and Business Services Ontario is located: https://www.consumerbeware.mgs.gov.on.ca/compform/english/complaint.asp

*Note: This is only for Ontario, Canada residents.

The fact this information was potentially withheld from consumers and it most certainly would have decreased sales of the hardened edition on the PS3 platform if it was disclosed from the comments not only on this forum, but around the web is of concern on several levels.  First it's illegal in most jurisdictions to use deceptive business practices, second it's means that we did NOT get the product that was advertised or ordered, and we are not getting the DLC as advertised prior to release.  This was discussed by many PS3 gamers on Activisions own blog and through gaming media a few months back as reported in the OP.

As a consumer advocacy group for gamers, we are obligated to provide this information. Games are not just games, they are products covered under law, and consumers have to start exersing their rights in order to curb this type of deceptive selling.   It's really up to gamers and game consumers to decide what or what not to do from this point forward. 

If you don't want to complaint, don't but for those that do we've opened the door for affected consumers on this issue as promised, it's up to those wanting to go through to do it now.

Piror to release most were lead to beleive all Elite premium members would recieve content at the same time. Activision had a legal obligation to disclose to consumers that XBOX would be getting content first under Ontario law. Please read the OP, our stance has been made clear along with a large number of PS3 premium members who voiced their concerns on this as well a few months ago.