• Ever wanted an RSS feed of all your favorite gaming news sites? Go check out our new Gaming Headlines feed! Read more about it here.

chadskin

Member
Oct 27, 2017
11,013
Microsoft's $75bn acquisition of video game maker Activision Blizzard faces in-depth probes in Brussels and the UK following growing concerns the deal is anti-competitive and will exclude rivals from accessing the blockbuster game Call of Duty.

It comes as the UK's Competition and Markets Authority is expected to launch an in-depth investigation this week after Microsoft decided not to offer any remedies at this stage, according to two individuals with knowledge of the situation.
Regulators and others involved in the deal expect a prolonged EU investigation once Microsoft officially files its case in Brussels in the coming weeks. People familiar with the EU's thinking say regulators will take their time to examine this deal because of its size, the nature of the buyer and the rising concerns from rivals, including Sony.

"It is a big deal, a difficult deal," said a person in Brussels familiar with the transaction. "It needs an extensive investigation."

Subscribe to read | Financial Times

News, analysis and comment from the Financial Times, the worldʼs leading global business publication
 

Biosnake

Member
Oct 25, 2017
13,240
My analysis is now that there is a slightly higher chance of this not passing.

My analysis is based on nothing.
 

--R

Being sued right now, please help me find a lawyer
Member
Oct 25, 2017
12,759
The important paragraphs of that article in my opinion are:

Microsoft opted not to offer any remedies to the CMA at this stage because there were no obvious commitments the UK regulator would be likely to accept, according to people with knowledge of the situation.

The watchdog does not generally accept behavioural remedies, such as commitments to maintain access to a product or service, at the end of a phase 1 probe apart from in rare circumstances.

One competition lawyer with knowledge of the case said it was "almost impossible" for Microsoft to offer a remedy that would prevent the investigation moving to an in-depth antitrust probe.
 

Azerth

Prophet of Truth - Chicken Chaser
Member
Oct 27, 2017
6,176
Still expecting it to go through and seeing how ms said they didnt expect it to close till like june next year tells me its still on schedule
 

modiz

Member
Oct 8, 2018
17,831
Ive expected as much as MS's last statement gave no answer to any of CMA's concerns, and instead only doubled down on what CMA was concerned on.
 

vixolus

Prophet of Truth
Member
Sep 22, 2020
54,298
"Sony and others want the commission to force Microsoft to offer guarantees that they will be able to access all games "on equal terms and in perpetuity"."

Lol

And yes as the article says MS didnt offer concessions to the CMA in Phase 1 because there's no point. They are going to Phase 2 anyway and they'll do it then if at all. No point in giving leverage early.

As Idas mentioned in the XGS thread the pre-notification EU phase has not found any major concerns this far, so it's not as "oh shit" as this language used in the article makes it sound. EU will of course have a lengthy investigation post filing just like the CMA phase 2. Nothing's really changes on the possibility of approval thus far.
 

killerrin

Member
Oct 25, 2017
9,237
Toronto
I just dont see them blocking. Especially when pretty much the only company complaining is Sony, who is by far the market leader. So of course they're going to complain. Not to mention, they themselves have also done plenty of things over the last couple generations that any regulator would consider anti-competitive or abusing market position to try and force Microsoft out.

The deal will take longer, but there really isn't a major concern. Worst case I can see is they force multiplatform for the rest of the generation, or restrict Game Pass. Both which would be an unprecidented move and legally questionable, but its not the end of the world for Microsoft. And even under the scenario where Microsoft is forced to divest of Call of Duty, whatever studio gets the boot will pretty much collapse because Call of Duty at this point depends on every single studio in Activision helping out.
 

jroc74

Member
Oct 27, 2017
28,992
"Sony and others want the commission to force Microsoft to offer guarantees that they will be able to access all games "on equal terms and in perpetuity"."

Lol
I see ppl laughing at this, but again going back to the smartphone market...I wonder why Google gave patents to MS after Google sold Motorola...

Not sure if it was forced or they did it to keep things cool...but they did it for a reason.
 

killerrin

Member
Oct 25, 2017
9,237
Toronto
The audacity for Sony to request all the games be available in perpetuity.


Great from a consumer perspective, everyone gets games and noone is left out. Sketchy at best from a legal perspective because it'd basically be telling Microsoft they're forced to help the market leader retain their market dominance when they themselves currently the last place console platform in the market.
 

Yerffej

Prophet of Regret
Member
Oct 25, 2017
23,496
I see ppl laughing at this, but again going back to the smartphone market...I wonder why Google gave patents to MS after Google sold Motorola...

Not sure if it was forced or they did it to keep things cool...but they did it for a reason.
It's a laughable assertion for Sony to use.
 

thecaseace

Member
May 1, 2018
3,218
I think this will just take longer.

Regulators aren't teams of hardcore gamers with the inside knowledge of a ResetEra poster.

But once you examine the deal and the state of the games industry for more than a moment you realise there's significant publisher competition, no platform or publisher opposition (bar Sony's) and Microsoft are making the deal from a 'non-leader' position.

That said given the size of the deal it'd be crazy for a regulator not to give it a further look.
 

Helix

Mayor of Clown Town
Member
Jun 8, 2019
23,751
My analysis is now that there is a slightly higher chance of this not passing.

My analysis is based on nothing.

My expert analysis on the other hand leads me to believe that MS will probably acquire Activision Blizzard unless they are stopped from buying Activision Blizzard at which point they won't be able to acquire Activision Blizzard.
 

jelly

Banned
Oct 26, 2017
33,841
When has a deal of any magnitude never got through unless it's nailed on monopoly or something.Nvidia buying ARM but everyone was against that. Pigs will fly if this doesn't.
 

Sangral

Member
Feb 17, 2022
6,005
"Sony and others want the commission to force Microsoft to offer guarantees that they will be able to access all games "on equal terms and in perpetuity"."


And this coming from the same company that just had a 1 year exclusivity on Death Loop (which MS honored) and for which they now possibly even block a Game Pass release right after the exclusive deal ends, with putting it now into their PS Plus program. What a coincidental timing huh?

The nerves of that company.
 

--R

Being sued right now, please help me find a lawyer
Member
Oct 25, 2017
12,759
I think the logic is that MS lawyers would know better than anyone if concessions are necessary for the deal to close. If they aren't offering any, they're fairly sure it'll close even without them

But they're not doing it because of that. They're not offering any because these agencies don't accept concessions at the end of Phase 1. Now that it's gonna go on Phase 2, concessions can be made while the deal is investigated deeper.
 

vixolus

Prophet of Truth
Member
Sep 22, 2020
54,298
I think the logic is that MS lawyers would know better than anyone if concessions are necessary for the deal to close. If they aren't offering any, they're fairly sure it'll close even without them
No, as the article mentions there's hardly ever any behavioral remedy that would appease the CMA to prevent a Phase 2 investigation. You would basically be offering up a bunch only for them to go "not good enough". Then, after Phase 2 you have shown what you're willing to give up and now will likely have to do that and more.

So, just let Phase 2 ride out and come to the negotiation table at the end.
 

riotous

Member
Oct 25, 2017
11,325
Seattle
It would be quite odd for regulators to not be "in depth" on a 70 billion dollar purchase.. isn't this all just.. expected?
 

bsigg

Member
Oct 25, 2017
22,543
That quote that Sony wants access to ABK in perpetuity is just hilarious. That's never going to happen.
 

nolifebr

Banned
Sep 1, 2018
11,465
Curitiba/BR
I doubt MS would spend 70 billion without having the assurance from its lawyers that the deal wouldn't be approved, even if it took time.