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Theorry

Member
Oct 27, 2017
61,240
Its 81 pages. Always intresting to have abit of a insight into it


But Idas made a recap

I finally had time to read the full notice (81 pages) that Microsoft sent to the Commerce Commission in New Zealand explaining why the acquisition of Activision Blizzard should be legally fine.

Almost all the interesting info is blocked for confidentiality reasons :S For example, there are almost 2 pages of blank space where MS explains the commercial reasons for the acquisition.

Anyway, there are some cool pieces of info beyond the legal reasoning:

- MS says that they have 24 first-party development studios (because they also count Casual Games Suite as one, the developers of Solitaire, Mahjong or Sudoku). So, we have to update the OT :p

- Tencent is constantly mentioned (23 times), as well as Sony and how the new PS Plus offering is a Gamepass competitor.

- Lots of references to new entrants in the video game market (Apple, Netflix, Amazon, Meta, Google, Nvidia, etc), how easy is nowadays to start a studio and create a super successful game even with just one developer (for example, Flappy Bird is mentioned).

- Valve and Epic are also mentioned quite a bit as competitors post-transaction.

- Call of Duty, World of Warcraft and Candy Crush represented 82% of Activision Blizzard's 2021 net revenue :o You can bet that those franchises are going to remain multiplatform in the future.

- The only Japanese publishers mentioned as competitors post transaction are Nintendo and Bandai Namco, no mention of SEGA, Capcom, Konami, Square Enix, etc. In fact, they also include Roblox or CD Projeckt RED as competitors. It makes economical and legal sense because CD Projeckt RED was Europe's most valuable game company in 2020 and Roblox had around 190 million average monthly players in 2021. But I find it funny how for MS all those Japanese publishers are just a "long tail of smaller competitors". :p

- Lots of talks about how online display advertising, cloud services and merchandising are also relevant markets for this acquisition, but that they don't believe that the transaction could cause competition problems in those markets. They also say that there is nothing unique about the video games developed and published by Activision Blizzard that is a "must have" for rival PC and console video game distributors. So, that a new competitor could do what they do and be successful (that's true but not everyone has +3000 developers working on a single IP). :p

Anyway, cool document! Let's see if the final decision includes a little bit more of data.

New Zealand first/final decision is august 11

When to expect the first (or final) decision by country/competition regulator regarding the Activision Blizzard acquisition:
  • South Korea, July 14th (already late)
  • South Africa, July 15th (already late)
  • New Zealand, August 11
  • US, end of August
  • Japan, end of August/beginning of September
  • UK, September 1st
  • Australia, September 15th
  • EU, not formally notified yet but probably very close, so I would say end of September
All the dates could be extended, of course.

Update: I finally found info about South Korea. It was one of the first countries to be notified (April 14th) and they can take up to 90 days for a decision since the notification. So, they should say something very soon.
 

ghostcrew

The Shrouded Ghost
Administrator
Oct 27, 2017
30,415
81 pages? New Zealand like…

Screen_Shot_2020-07-24_at_11.33.38_AM.jpg


Interesting summary though, thanks!
 

DopeyFish

Member
Oct 25, 2017
10,802
FYI EU has a 25 day window plus a 90 day extension iirc

So as an example if the EU posts the merger on Monday, earliest close date would be right at the end of November because there is no way they are not taking a deep look at it.
 

Noppie

Member
Oct 27, 2017
13,791
- Call of Duty, World of Warcraft and Candy Crush represented 82% of Activision Blizzard's 2021 net revenue :o You can bet that those franchises are going to remain multiplatform in the future.
CoD and CC will probably be bigger, but the fact they included WoW must mean it still makes quite a bit of money right?
 

Kopite

Member
Oct 28, 2017
6,081
If they end up developing a console version of WoW, I wonder if will they release it for PS5 too?
 

Gohlad

Avenger
Oct 28, 2017
1,073
Lots of references to new entrants in the video game market (Apple, Netflix, Amazon, Meta, Google, Nvidia, etc), how easy is nowadays to start a studio and create a super successful game even with just one developer (for example, Flappy Bird is mentioned).

Eh, I could see this right here backfire tremendously. This is the same argument the FTC (?) used to block Meta's acquisition of this VR game company they wanted to buy, I think it was Supernatural?
Basically the argument was: if its so easy to start a studio and make a successful game, then why do you have to buy a publishing giant instead of building a competing studio? You have all the resources in the world to compete in that space, you buying up this company is only taking competition from the market.
 

raketenrolf

Member
Oct 28, 2017
5,243
Germany
I don't get it. What if everybody agrees but New Zealand doesn't. I know that's not going to happen but if it would, would they need to cancel the whole deal?
 

TechnicPuppet

Member
Oct 28, 2017
10,862
Eh, I could see this right here backfire tremendously. This is the same argument the FTC (?) used to block Meta's acquisition of this VR game company they wanted to buy, I think it was Supernatural?
Basically the argument was: if its so easy to start a studio and make a successful game, then why do you have to buy a publishing giant instead of building a competing studio? You have all the resources in the world to compete in that space, you buying up this company is only taking competition from the market.
Meta completely dominates VR. MS will still be third or something after this acquisition. They are not comparable.
 

Mukrab

Member
Apr 19, 2020
7,676
- Call of Duty, World of Warcraft and Candy Crush represented 82% of Activision Blizzard's 2021 net revenue :o You can bet that those franchises are going to remain multiplatform in the future.
WoW isnt multiplatform. And candy crush too?? Or is candy crush on other platforms besides mobile?
 

Desodeset

Member
May 31, 2019
2,341
Sofia, Bulgaria
Eh, I could see this right here backfire tremendously. This is the same argument the FTC (?) used to block Meta's acquisition of this VR game company they wanted to buy, I think it was Supernatural?
Basically the argument was: if its so easy to start a studio and make a successful game, then why do you have to buy a publishing giant instead of building a competing studio? You have all the resources in the world to compete in that space, you buying up this company is only taking competition from the market.

Probably they meant that it is easy for the other gaming companies. Ask The Initiative.
 

Rodelero

Member
Oct 27, 2017
11,629
Probably they meant that it is easy for the other gaming companies. Ask The Initiative.

I'm not sure The Initiative is a great example of how easy it is to set up a new studio. They've released nothing and shown little, they are being supported by a major third party developer, and there were reports of a staff exodus. AAA development is far from a low barrier industry.
 

Kitano

Member
Mar 28, 2019
1,233
All I see was reasonings to try to get it approved without the need for them to maintain the franchises multiplatform.

We know that's what's going to happen but still a shit move to lock these games behind a single platform.
 

Noppie

Member
Oct 27, 2017
13,791
All I see was reasonings to try to get it approved without the need for them to maintain the franchises multiplatform.

We know that's what's going to happen but still a shit move to lock these games behind a single platform.
Huh? CoD will remain multiplatform, WoW is pc only and Candy Crush is mobile.

What games are you talking about?
 

DongBeetle

Member
Oct 25, 2017
8,087
All I see was reasonings to try to get it approved without the need for them to maintain the franchises multiplatform.

We know that's what's going to happen but still a shit move to lock these games behind a single platform.
Do you approve of any purchases? Or just not this one? All these games are gonna be available on PC afaik and even then why not eventually buy a platform when it's cheap enough to pick up what you missed?
 

Tigerfish419

Member
Oct 28, 2021
4,549
I'm not sure The Initiative is a great example of how easy it is to set up a new studio. They've released nothing and shown little, they are being supported by a major third party developer, and there were reports of a staff exodus. AAA development is far from a low barrier industry.

I think it is more about games like Minecraft and stuff like Among Us, some single person developed games outsold and outshined games made by hundreds.
 

Typhon

Member
Oct 25, 2017
6,148
Eh, I could see this right here backfire tremendously. This is the same argument the FTC (?) used to block Meta's acquisition of this VR game company they wanted to buy, I think it was Supernatural?
Basically the argument was: if its so easy to start a studio and make a successful game, then why do you have to buy a publishing giant instead of building a competing studio? You have all the resources in the world to compete in that space, you buying up this company is only taking competition from the market.

If anything, Google and Amazon prove the opposite.
 

Vince Death

Member
Jun 15, 2022
541
All I see was reasonings to try to get it approved without the need for them to maintain the franchises multiplatform.

We know that's what's going to happen but still a shit move to lock these games behind a single platform.

If regulators start dictating where I.Ps must be released, then they would have to do the same with Disney, HBO, Netflix and everyone else with a platform for their own content. It ain't happening for many reasons.
 

Trup1aya

Literally a train safety expert
Member
Oct 25, 2017
21,513
All I see was reasonings to try to get it approved without the need for them to maintain the franchises multiplatform.

We know that's what's going to happen but still a shit move to lock these games behind a single platform.

To me they are pre-empting the argument that the mere possibility of these franchises becoming exclusive is reason to block the deal.

Even if they have no plans to make these franchises exclusive, it still behooves them to explain why making them exclusive wouldn't harm competition.

Activision doesn't have a monopoly of the military FPS concept.
 

Mindwipe

Member
Oct 25, 2017
5,263
London
If regulators start dictating where I.Ps must be released, then they would have to do the same with Disney, HBO, Netflix and everyone else with a platform for their own content. It ain't happening for many reasons.

No they wouldn't. They're entirely different markets.

Heck regulators do have a bunch of smaller regulatory deals about audio visual sales in Europe and they aren't even generified to other audiovisual sales, never mind different categories of business.
 

12Danny123

Member
Jan 31, 2018
1,722
Eh, I could see this right here backfire tremendously. This is the same argument the FTC (?) used to block Meta's acquisition of this VR game company they wanted to buy, I think it was Supernatural?
Basically the argument was: if its so easy to start a studio and make a successful game, then why do you have to buy a publishing giant instead of building a competing studio? You have all the resources in the world to compete in that space, you buying up this company is only taking competition from the market.

The FTC's argument was initially flawed and driven by ideological means. The same argument could be made that a disruptor could disrupt the market even if Meta bought that company.
 

Vince Death

Member
Jun 15, 2022
541
No they wouldn't. They're entirely different markets.

Heck regulators do have a bunch of smaller regulatory deals about audio visual sales in Europe and they aren't even generified to other audiovisual sales, never mind different categories of business.

Why would dictating where video games are released be different from tv and video content?

Both markets have the same model. The platform holders are acquiring content for their platforms. If they can dictate where games are released then they would have to do the same for other markets that operate in the same way.
 
Jul 22, 2022
1,867
Eh, I could see this right here backfire tremendously. This is the same argument the FTC (?) used to block Meta's acquisition of this VR game company they wanted to buy, I think it was Supernatural?
FTC hasn't blocked anything. They just ask courts to block the deal while they are preparing the lawsuit. FTC does not block, it goes to the court and tries to provide the arguments why the deal should not proceed. Considering that the whole FTC's argument was purely ideological (aka had no relation to law framework) it will probably follow the same way as their other attempts (where they failed).
 

Gunny T Highway

Unshakable Resolve - One Winged Slayer
Member
Oct 27, 2017
17,097
Canada
I don't get it. What if everybody agrees but New Zealand doesn't. I know that's not going to happen but if it would, would they need to cancel the whole deal?
I don't think one small country disagreeing with everybody else agreeing would stop the deal. Now if it was the US which is a much larger market disagreed then Microsoft would have to make concessions to get it to go through.
 

nekkid

Banned
Oct 27, 2017
21,823
I don't get it. What if everybody agrees but New Zealand doesn't. I know that's not going to happen but if it would, would they need to cancel the whole deal?
If they took a firm stance that opposed everyone else then ABK would probably close down any development that might be in the country (not sure there are any studios there) so that the country's influence is minimised. They'd probably also turn off the NZ store making all NZ owners switch to the Australia region.

Also Xbox players globally will shed a tear for the NZ timezone early unlock.
 

Trup1aya

Literally a train safety expert
Member
Oct 25, 2017
21,513
excited for all the 1 man developed CoD killers to come from this acquisition

That's really not the argument.

The argument is that

1) having access to COD isn't essential to a platform's success.
2) having 3000 people working on a single IP isn't essential for a game developer's success
 

Iron Eddie

Banned
Nov 25, 2019
9,812
I guess the worry is if Microsoft says they will continue to support existing platforms and existing games the question is what about the future after this generation?

However the argument remains, they will still be third in revenue.