If the FTC knows, then MS would know too and they would probably just abandon the deal at this point.
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They have control over timelines so they can drag this out until the deal is abandoned.
Yeah I don't think they know either, they are trying to pressure the CMA to block it is my view on this move. So the CMA is still a big unknown although it's most likely that they will also try to block it since they bring up the same of the same arguments that the FTC makes and appear to be ideologically driven as well.
Politicking? Standing up to big tech? Regardless of how you feel ideologically about it, that's clearly the message they're trying to send.
Well this is certainly a dumb claim:
Revenue from consoles in 2021 for Activision Blizzard was 30%, PC at 26% and revenue from mobile had the largest share at 36%.
Really impressive, over 60% of revenue from devices that aren't commercially reasonable alternatives...
Revenue from consoles in 2021 for Activision Blizzard was 30%, PC at 26% and revenue from mobile had the largest share at 36%.
Really impressive, over 60% of revenue from devices that aren't commercially reasonable alternatives...
I don't think the CMA would want to align with the FTC after the EU having to come out and make corrections
Exactly. If the CMA blocks there's very little MS can do about it. So why make yourself look foolish for no reason? There has to be something more to this.
MS will just close if they feel they're in the right. no injunction means everything FTC is saying is just words.
In a situation like this, how Microsoft would generally get out of this is to try and pit the regulators against eachother. Continue pushing hard for the EU to approve it. Then target the FTC in court and proove their arguments are lies. Then go to Court against the CMA to force them to look at the deal again. Now with the EU on their side, and the arguments the CMA shared with the FTC proved as lies in a court of law.
Then, the CMA could still absolutely just block it again. But they would have lost all their political cover, would be the odd ones out, and would have to explain why its okay in the EU and not the UK.
Usual caveat of "If Micosoft doesn't just drop the case instead"
I think people are just misreading something and are running away with it
They bring weak arguments to their internal judge so the judge will send it back for amendments. If they bring a strong case at the start, the judge will approve it and they would have to go to federal court.
If the FTC gives cover to the CMA to block based on a straight-up lie, everybody should be furious. The process matters. But I know they won't be....
I see. MS aint gonna wait til Aug since they want to close by June. ABK and MS can renegotiate deal if they need to.
FTC is on a 4 challenge losing streak in Federal court. That's why I was thinking they aren't taking this higher.
High performance consoles. Ok I can buy that some gamers are exclusively interested in graphics. But then why exclude PCs? Reasons?
Based on what I've read in here, my understanding is that they wouldn't actually be able to fight the CMA in court.
So abuse of power to prove a point? Ugh, just typing that seems silly but that's what it looks like.
FTC knows they likely can't block it on their own. CMA preliminary phase 2 findings are due in a couple weeks, so they surely have an initial draft they're working on that they may have shared with the FTC. I'd assume these regulatory bodies communicate with each other during these cases, unless there are laws against that that I don't know of. The FTC statement reads very similarly to the CMA phase 1 stuff.
View: https://twitter.com/charlieintel/status/1601267069386899456?s=46&t=-lxq7MHqL92s3H34uzBBzA
Was this shared?
Kind of seems counter to what the ftc and CMA are using in the foreclosure arguments
I doubt that Microsoft are privy to the private conversations.
The CMA won't feel pressured by the EC. Brexit happened and they will want to appear independent no matter what. They will announce their decision long before this will go before a judge in the states
yes it's what's been discussed for the past few pages. latest development.
Eh, that control only really extends to June. If the Supreme Court rules in favour of companies, and they probably will given public statement, then Microsoft can drag this out in front of a real court room
Brexit doesn't nullify the fact that their makets are near-identical. They may want to appear independent, but they also have weigh in extra variables that didn't exist in the initial judgement. Variables which would have been shown to be false in courts of law. And There is nothing saying that Microsoft has to go to court immediately either so they very much could play the board if they so chose.
Thats not to say the CMA can't just come up with another excuse to deny it. But they would have to put in the work to do that, and Microsoft can make UK specific deals to flatter them without having to worry about those deals expanding to be global.
CMA's phase 1 was released to the public, so it's not like the FTC doesn't know about their initial findings.
I meant the FTC, CMA hasn't sued or blocked or anything yet.
We'll see. Perhaps I am just being cynical. But I would put money on the CMA blocking this now.
this is pretty misleading. EC is not making a judgment call about Microsoft's good-will assurances, just they weren't a factor of consideration in approving the purchase. which is another way of saying, "They could go back on their gestures to us and it doesn't matter, it still wouldn't be anticompetitive"
this speaks exclusively to the Zenimax purchase. it also does not suggest that EC won't find Microsoft's language in the Zenimax purchase to be problematic for their new purchase, as the FTC does.
it also makes Sony even the more leading incumbent in console gaming
The responses to the FTC's ill-advised and politically driven decision from Sanders and Warren, are sadly, but predictably expected.
The desire for regulatory oversight is an optics game for them and tangible benefits to the consumer seem to be taking a backseat in favor of making a statement.
The desire for regulatory oversight is an optics game for them and tangible benefits to the consumer seem to be taking a backseat in favor of making a statement.
Microsoft never gave any assurances. They always said case by case basis.
Yeah I agree with this the most. The FTC is toothless and if they really want to do work, they need to be pushing for new rules and regulations rather than posturing.
The FTC's entire crux with this is that Microsoft cannot necessarily be trusted to follow through with non-binding agreements if their past behavior with Zenimax is an indicator of how they will operate with Activision under their control. Microsoft purposely highlighted that they were not incentivized to pursue exclusivity with Zenimax content, however, as the EU responded this morning, they never guaranteed that they wouldn't.
The FTC is doubting the validity of Microsoft's current assurances based on their actual statements to the EU with regards to Zenimax. Again, you can disagree with that, hell, even disagree with their interpretation of Microsoft's statements to the EU (although, I still think it's a bit generous to interpret it as you chose to), but accusing the FTC of lying is ignoring what's actually stated in the complaint.
FTC: " Microsoft assured the European Commission ("EC") during its antitrust review of the ZeniMax purchase that Microsoft would not have the incentive to withhold ZeniMax titles from rival consoles. But, shortly after the EC cleared the transaction, Microsoft made public its decision to make several of the newly acquired ZeniMax titles, including Starfield, Redfall, and Elder Scrolls VI, Microsoft exclusives."
EU: "Microsoft didn't make any commitments to EU regulators not to release Xbox-exclusive content following its takeover of ZeniMax Media."
Neither party is lying?
Great work on usage here because it's the first thing I thought of when I read your post and then saw Idas like 3 posts later.
