It is. The court is basically saying here "We'll accept your argument that the Switch isn't in the same market because it doesn't matter. You're wrong either wa

It is. The court is basically saying here "We'll accept your argument that the Switch isn't in the same market because it doesn't matter. You're wrong either way." They do this again later on in regards to the FTC's arguments that cloud gaming and multi-game subscription services are functionally separate markets.