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News The UK regulator CMA has blocked Microsoft’s proposed acquisition of Activision Blizzard to protect innovation and choice in cloud gaming

Anything discussing the state of the industry, or the multiple industries Microsoft is involved in, ten years down the line is going to be speculative. And like Sheldon said, there's nothing to suggest that the contract would be extended beyond that decade window
That's why all eyes are on CAT. Is it enough that CMA can't be proven wrong (as their report is speculative and non-definitive) or will CAT rule that they must prove that they are right (in the sense that MS is likely to harm the cloud market if this acquisition goes through)?

Given how Microsoft has operated with the devs acquired in the past few years, there's little reason I'd personally believe that Microsoft would even pursue these COD platform pledges if the merger wasn't at stake
Even without the pledges I believe MS would have kept CoD multiplatform and expanded to Steam/Nintendo, simply because it is more profitable that way. I also believe that the other IPs, such as Blizzard games, probably would have been made MS-exclusive.

And if such agreements are part of a deal to ensure the merger goes through, who's responsible for ensuring Microsoft lives up to their end of the bargain, and how could they be punished for not doing so?
This is actually part of the reason CMA blocked the deal, I believe. Because it would be difficult to monitor MS' contracts with all the companies and check if they're being upheld. It's kind of similar to an "undue burden" complaint, and I believe in this case it is a valid reason to criticize MS' proposed behavioral remedies.
 
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Reviving this thread to link the following decision from the European Commission:


Mergers: Commission clears acquisition of Activision Blizzard by Microsoft, subject to conditions​


The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Activision Blizzard (‘Activision') by Microsoft. The approval is conditional on full compliance with the commitments offered by Microsoft. The commitments fully address the competition concerns identified by the Commission and represent a significant improvement for cloud gaming as compared to the current situation.

In particular, the Commission found that:

  • Microsoft would have no incentive to refuse to distribute Activision's games to Sony, which is the leading distributor of console games worldwide, including in the European Economic Area (‘EEA') where there are four Sony PlayStation consoles for every Microsoft Xbox console bought by gamers. Indeed, Microsoft would have strong incentives to continue distributing Activision's games via a device as popular as Sony's PlayStation.
  • Even if Microsoft did decide to withdraw Activision's games from the PlayStation, this would not significantly harm competition in the consoles market. Even if Call of Duty is largely played on console, it is less popular in the EEA than in other regions of the world, and is less popular in the EEA within its genre compared to other markets. Therefore, even without being able to offer this specific game, Sony could leverage its size, extensive games catalogue and market position to fend off any attempt to weaken its competitive position.
  • Even without this transaction, Activision would not have made its games available for multi-game subscription services, as this would cannibalize sales of individual games. Therefore, the situation for third-party providers of multi-game subscription services would not change after the acquisition of Activision by Microsoft.
  • The acquisition would harm competition in the distribution of PC and console games via cloud game streaming services, an innovative market segment that could transform the way many gamers play video games. Despite its potential, cloud game streaming is very limited today. The Commission found that the popularity of Activision's games could promote its growth. Instead, if Microsoft made Activision's games exclusive to its own cloud game streaming service, Game Pass Ultimate, and withheld them from rival cloud game streaming providers, it would reduce competition in the distribution of games via cloud game streaming.
  • If Microsoft made Activision's games exclusive to its own cloud game streaming service, Microsoft could also strengthen the position of Windows in the market for PC operating systems. This could be the case, should Microsoft hinder or degrade the streaming of Activision's games on PCs using operating systems other than Windows.
 
In a way it seems like the EC agrees with the CMA's logic. They just don't believe it a big enough problem in the current situation.

This really doesn't do anything to dissuade the CMA as far as I see.
 
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With EU approving, I expect US will too. UK can fight against the world if they want at that point, but I doubt they will considering they'll suffer the most. I guess Jim Ryan doesn't have as many inroads in the EU?
 
With EU approving, I expect US will too. UK can fight against the world if they want at that point, but I doubt they will considering they'll suffer the most. I guess Jim Ryan doesn't have as many inroads in the EU?
It will be an extremely interesting case to follow. I've seen a lot of others try to apply logic from previous M&A's but this is the first one of this scale post-Brexit and the details around this entire deal aren't really applicable to other popular cases (Disney/Fox, NVIDIA/AMD, Meta/Giphy)

It really is a one of one case. I also think FTC will lose in court, and the CAT appeal will be interesting to follow. If every regulatory body approves except UK I wonder how MS/Acti will proceed and what legitimate options they have?

I don't see them letting the deal die. They are very determined to close.
 
Yeah this is gonna be a long and drawn out fight with EU and UK at odds. I expected EU to block it tbh.
As long as the CMA continued trying to be a road block it was always gonna go the distance. We had indications the EU was gonna approve as early as last week. Given their last report, a block would have been surprising.
 
Is this a case of, if Brexit hadn't happened, then the deal would be all but sealed, or would the CMA still have had a say in the matter?
As an EU member, the UK would have gone along with the EU decision.

So, yes, there’s a good chance that Brexit is what sinks the deal globally.
 
On one hand the UK will look kind of silly (in a comparison sense, not trying to be like "lol stupid antitrust" I'm against the deal but) as the sole block, but on the other I genuinely think the idea of Microsoft leaving the UK is not worth entertaining, like the geopolitical ramifications are insane for what's only 8% of their networth
 
I'm going to add my tuppence worth here: while people are doing to disagree on the figures used by both the CMA and the EC regarding cloud gaming, the response by the EC in regards to competition concerns is honestly kind of laughable.

Essentially, they say: "We acknowledge that the ABK purchase will make the cloud gaming industry less competitive. However, Microsoft have promised us they'll make some ten year deals and that it's in their interest to keep games multiplatform, and we believe them."

There are also some interviews with EC leaders post-publication where they essentially say it'll be really easy to monitor these sorts of behavioural remedies, and won't be a problem for them at all. This is in relation to Microsoft, the company that's had more antitrust suits brought against it than any other company in history.

I would say I'm surprised, but honestly the EU has always been a lot more neoliberal and pro corporation than a lot of people realize.
 
The UE non elected institution is indeed a neoliberal nightamre actively killing the welfare state culture in Europe.


An exclusive call of duty is exactly what Xbox needs and exactly what it lacks. In the same spirit, it would be quite smart for them to make a deal with FIFA now that EA is doing its own soccer game. They have very cool consoles, attractive prices with the game pass which is a great call product, very big exclusives that talk to everyone is literally the only thing still missing. The game pass is an absolute delight and their console are great, with real exclusivity it becomes a must buy.

Otherwise, I still find that the decision of the CMA, which can be criticized on certain points, is nevertheless motivated in a very relevant way, in particular because it focuses on more problematic aspects than call of duty only.

Whatever happens and whether we are in favour or against this merger, or in agreement or not with the CMA, Microsoft’s reaction, including a completely pitiful job blackmail, explains why outside the United States this company is sometimes not appreciated.
 
I was responding to a comment about the European Union in general, absolutely not the CMA. Think you understood it very well.
 
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On one hand the UK will look kind of silly (in a comparison sense, not trying to be like "lol stupid antitrust" I'm against the deal but) as the sole block, but on the other I genuinely think the idea of Microsoft leaving the UK is not worth entertaining, like the geopolitical ramifications are insane for what's only 8% of their networth
If the UK ends up being the sole block, they will very quickly not be blocking it anymore imo. Either that or UK gamers will just get some neutered version of gamepass somehow. CMA isn't big enough to stop a $9bil deal that everyone else in the world wants to happen.
 
If the UK ends up being the sole block, they will very quickly not be blocking it anymore imo. Either that or UK gamers will just get some neutered version of gamepass somehow. CMA isn't big enough to stop a $9bil deal that everyone else in the world wants to happen.
Yes they are. The stipulations of the deal between Microsoft and Activision include the requirement that the deal meets CMA approval. The deal legally can't happen without them.
 
I'm going to add my tuppence worth here: while people are doing to disagree on the figures used by both the CMA and the EC regarding cloud gaming, the response by the EC in regards to competition concerns is honestly kind of laughable.

Essentially, they say: "We acknowledge that the ABK purchase will make the cloud gaming industry less competitive. However, Microsoft have promised us they'll make some ten year deals and that it's in their interest to keep games multiplatform, and we believe them."

There are also some interviews with EC leaders post-publication where they essentially say it'll be really easy to monitor these sorts of behavioural remedies, and won't be a problem for them at all. This is in relation to Microsoft, the company that's had more antitrust suits brought against it than any other company in history.

I would say I'm surprised, but honestly the EU has always been a lot more neoliberal and pro corporation than a lot of people realize.
I AM SHOCKED. SHOCKED I TELL YOU.
 
If the UK ends up being the sole block, they will very quickly not be blocking it anymore imo. Either that or UK gamers will just get some neutered version of gamepass somehow. CMA isn't big enough to stop a $9bil deal that everyone else in the world wants to happen.
Yes, the CMA can block the deal.
 
As an EU member, the UK would have gone along with the EU decision.

So, yes, there’s a good chance that Brexit is what sinks the deal globally.
Yep, Brexit has made the CMA a major player in these decisions, while previously they could dissent and publish a differing opinion but the EC's decision would take precedent.
 
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I'm going to add my tuppence worth here: while people are doing to disagree on the figures used by both the CMA and the EC regarding cloud gaming, the response by the EC in regards to competition concerns is honestly kind of laughable.

Essentially, they say: "We acknowledge that the ABK purchase will make the cloud gaming industry less competitive. However, Microsoft have promised us they'll make some ten year deals and that it's in their interest to keep games multiplatform, and we believe them."

There are also some interviews with EC leaders post-publication where they essentially say it'll be really easy to monitor these sorts of behavioural remedies, and won't be a problem for them at all. This is in relation to Microsoft, the company that's had more antitrust suits brought against it than any other company in history.

I would say I'm surprised, but honestly the EU has always been a lot more neoliberal and pro corporation than a lot of people realize.
That isn't just the only thing though. They don't consider the cloud market a separate market, they think it is another part of the general gaming market and also believe the CMA has overestimated Microsoft's cloud share, the data they have used is supposedly more recent.
They also think 10 years is such a long time that the deals should help it grow. They believe that blocking it will instead prevent the cloud market from growing as they think it is unlikely the smaller companies will survive without the big games and don't see them getting those games without this acquisition.
 
That isn't just the only thing though. They don't consider the cloud market a separate market, they think it is another part of the general gaming market

The issue with this is that the technology behind cloud gaming is fundamentally different to traditional hardware, the economics are different, and the companies involved are largely different.

It's part of the game industry in the same way that Netflix and Prime are part of the movie industry or Spotify is part of the music industry, but that doesn't mean those companies are cinemas or record labels.

If you can, I'd recommend watching the Committee meeting with the CMA heads on the UK parliament website that went out today. They do a very good job of explaining how they view cloud gaming as a new emerging market, and one that has the potential for multiple different companies to all have a go at competing.

They also think 10 years is such a long time that the deals should help it grow.

A ten year deal isn't all that long when you consider that the average development time of a triple A game is now 5-6 years
They believe that blocking it will instead prevent the cloud market from growing as they think it is unlikely the smaller companies will survive without the big games and don't see them getting those games without this acquisition.
One of the interesting things that came out of the committee hearing today was the CMA's concerns about Microsoft being able to dictate the terms of the market early on, even if they're making deals with other companies.

The potential issue is that even if Microsoft is playing nice early on, if they're dictating the terms for the most popular games and getting companies to use their platform, it's not a truly competitive market. A competitive market, according to the CMA, is one where if Microsoft start making anti consumer moves, a competitor can make their own moves to offer an appealing alternative.

A nascent industry where Microsoft is dictating licenses for the biggest games across all cloud companies, even if initially on good terms, is not competitive, as it's not feasible in that situation for a competitor to offer an alternative solution, due to Microsoft having a near monopoly position.
 
The issue with this is that the technology behind cloud gaming is fundamentally different to traditional hardware, the economics are different, and the companies involved are largely different.

It's part of the game industry in the same way that Netflix and Prime are part of the movie industry or Spotify is part of the music industry, but that doesn't mean those companies are cinemas or record labels.

If you can, I'd recommend watching the Committee meeting with the CMA heads on the UK parliament website that went out today. They do a very good job of explaining how they view cloud gaming as a new emerging market, and one that has the potential for multiple different companies to all have a go at competing.



A ten year deal isn't all that long when you consider that the average development time of a triple A game is now 5-6 years

One of the interesting things that came out of the committee hearing today was the CMA's concerns about Microsoft being able to dictate the terms of the market early on, even if they're making deals with other companies.

The potential issue is that even if Microsoft is playing nice early on, if they're dictating the terms for the most popular games and getting companies to use their platform, it's not a truly competitive market. A competitive market, according to the CMA, is one where if Microsoft start making anti consumer moves, a competitor can make their own moves to offer an appealing alternative.

A nascent industry where Microsoft is dictating licenses for the biggest games across all cloud companies, even if initially on good terms, is not competitive, as it's not feasible in that situation for a competitor to offer an alternative solution, due to Microsoft having a near monopoly position.
I know that it is different to traditional hardware but it is still part of the gaming market overall. No they aren't, but even companies like Prime are involved with the cloud, I am not saying the CMA is wrong, just saying it is very speculative.

I did watch it, and I think the CMA did well but it still seems a surprising decision to me.
In tech terms it is pretty long, and it depends on which games too. COD comes out every year. The CAT has said that 5 years is long enough (am paraphrasing). The Facebook case still went as the CMA wanted it to but the CAT questioned the length of time argument
I know that and maybe not, but also maybe the cloud doesn't grow either. I don't think Microsoft has a near monopoly position overall and I also don't quite agree who the CMA came to their conclusion regarding market share and how they counted Xcloud users. I think it is good that the CMA is a tough regulator but a lot of this decisions seems strange.
It is interesting how Brexit has made the CMA such a major player in these cases now.
 
I know that and maybe not, but also maybe the cloud doesn't grow either
I think that from the CMA’s perspective, if the cloud market doesn’t take off as they predicted, then the relative irrelevance of that market will still be more desirable than MS with ABK dominating cloud.
 
I think that from the CMA’s perspective, if the cloud market doesn’t take off as they predicted, then the relative irrelevance of that market will still be more desirable than MS with ABK dominating cloud.
Possibly but I don't think that is a good reason to block and seems a shame to prefer that the market stagnates.
 
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I'm going to add my tuppence worth here: while people are doing to disagree on the figures used by both the CMA and the EC regarding cloud gaming, the response by the EC in regards to competition concerns is honestly kind of laughable.

Essentially, they say: "We acknowledge that the ABK purchase will make the cloud gaming industry less competitive. However, Microsoft have promised us they'll make some ten year deals and that it's in their interest to keep games multiplatform, and we believe them."

There are also some interviews with EC leaders post-publication where they essentially say it'll be really easy to monitor these sorts of behavioural remedies, and won't be a problem for them at all. This is in relation to Microsoft, the company that's had more antitrust suits brought against it than any other company in history.

I would say I'm surprised, but honestly the EU has always been a lot more neoliberal and pro corporation than a lot of people realize.

What are the specific quotes the EU commission said that you have an issue with?

A 10 year contract would be legally binding and enact MS to put Acti/Blizz games on 3rd party cloud platforms; where they otherwise never would. This isn't a handshake agreement it would be a legally bound contract that would likely include heavy fines or outright stop distribution of Acti/Blizz games if MS is found not abiding to it. The bullet point in your earlier post states that it would only be harmful if MS restricts the games from being made available on third plarty cloud services, the behavioral remedy would prevent this (for a minimum of 10 years) and is what the EC expects to happen.

Here is what the EC Leader said according to MLex report:

"She pushed back at the idea that the "behavioural" remedy accepted might be hard to monitor or enforce. A commitment to license all-comers for free was "very simple" and "not hard to monitor," she argued. Non-compliance would be obvious to anyone seeking a license."

I agree with her. Non-compliance would be very easy to see because of how open MS has been about which third party cloud companies they have contacted and made agreements with. If a company goes to the EC and says "MS is lying or being dubious about the details of the contract" EC would come down on them hard. They are essentially saying "we believe we will be able to regulate MS over the course of the 10 years as an independent body depending on the actions they take."

Pointing out MS under a different CEO and time period where they had 90% market share of PC's doesn't hold much weight today though, does it? Especially when they are seemingly willing to be more cooperative with regulators than they ever have before.

Looking at MS today in the gaming industry specifically they are competing in a market where they are a distant third place globally, and as such are trying to establish themselves in a nascent market (Cloud Gaming) to find a more sustainable revenue stream. I will say they are a massive corporation still (trillion dollars in unfathomable to me), but you have to look at this from the Microsoft Gaming lens as well.

I understand some people are against the merger because consolidation generally leads to less choice and options, but as of right now the deal and proceeding contracts would ensure more games on more platforms available to more users. And this is all before we even get into the weeds of CMA's own analysis and how funky their "60-70% of cloud gaming is controlled by MS" data is.

Like I said earlier this really is a one of one case, and will be intriguing to follow but suggesting the EC was the one off and laughable is just plain weird. And stating they are neoliberal and pro-corporation to invalidate their reasoning just seems like mudslinging especially if we are looking at the current state of the UK which I would say is outright conservative.

EC had more thoughtful analysis and provided actual insight, nuance, and data into both Console and Cloud gaming markets where CMA did not.
 
that was already debunked, the email was from 2019. this is part of a lawsuit by "gamers" against Microsoft which is just a clown show looking to get some settlement money.
Source? The article mentions an anonymous MS rep telling Stephen Totilo that, but not elaborating further. I assume you have something more concrete since you're saying this was debunked
 
Source? The article mentions an anonymous MS rep telling Stephen Totilo that, but not elaborating further. I assume you have something more concrete since you're saying this was debunked
I’ve been following the discussion threads on era and Install Base pretty closely, there’s plenty to read through there from last night and the day before. Totilo I believe also clarified it in a tweet, though didn’t update his article title, which gets a bit of a side eye from me.
 
That tweet is unavailable. What's the scoop?

It was an ad from a brazilian payment app (that apparently is an official gift card seller over there?) that said Diablo IV was coming to Gamepass.

But Mike Ybarra has put out a tweet saying this isn't happening.
 
With the way the case was presented by the FTC, I can only assume they never really cared about blocking this, vs making a show of it. Seemed like a pretty poor job overall.
 
With the way the case was presented by the FTC, I can only assume they never really cared about blocking this, vs making a show of it. Seemed like a pretty poor job overall.

After MS signing long term deals with everyone under the sun, the FTC likely knew it didn't have any solid arguments. So they likely tried to play on time, hoping the deadline would pass and either MS or Acti would walk away after that.
 
Great news. Good ruling by the judge. FTC failed to show that competition would be lessened. You can tell it was going this way anyway when during the hearing the FTC lawyer got called out by the judge that they've only talked about harm to Sony and not harm to consumers; which is the main thing we should care about.

And also great news that the CMA is willing to talk now. We know from when they filed for a delay that the CAT exposed the CMA for being unwilling to engage in discussion with MS.

Next week is gonna be good. We might see more ABK games on Game Pass around then. Should take advantage of storage sales happening right now.
 
This isn't great news at all. The largest tech merger in history is being rushed through, and regulators are either choosing to make the worst possible arguments to stop it, or are just agreeing it on the basis of "We know it lessens competition, but ten year agreements."

This is the Disney Fox acquisition all over again: a fundamentally bad decision that is going to make it's effects known over time.
 
Like it or not, for a creative medium monopoly cannot really exist. Especially for things that are non essential like videogames.

That doesn't mean we have to like it, but if this is a bad idea, this will be solved by the market.

Just take a look at Disney. They took their time guzzling down company after company. Lucasfilm, Marvel, Fox, ect. And people said it would be catastrophic, and that it has ensured that Disney remains at a dominant position in the film and TV industry. The short term ramifications were a bit tough. But then Disney really overextended itself with this year of utter flops. Indiana Jones and Elemental were flops, The Little Mermaid Underperformed, Antman was a flop. They can't get a Star Wars movie off the ground, Marvel is struggling. Disney + isn't profitable and is bleeding money too.

We now live in a world, where Top Gun is a more relevant and desirable franchise than Indiana Jones.

And this weakness allowed other animated studios to gain greater marketshare in the animation market. Sony, DreamWorks, and Illumination has all proved better movies will win regardless of brand or studio.

As Disney has proved, buying studios can egregiously backfire and cede markets hare rather than gain it. Now, will it work out for Microsoft? Maybe, but I am sure if it does, it will for sure help take Sony down a peg. Which is a good thing. And if it doesn't, more publishers will rise to prominence.
 


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