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Uzuzu

Member
Nov 18, 2017
530
EU recognizes the obvious, that the deal will benefit cloud gaming compared to the current situation, in contrast to the CMA.
These commitments fully address the competition concerns identified by the Commission and represent a significant improvement for cloud game streaming compared to the current situation. They will empower millions of EEA consumers to stream Activision's games using any cloud gaming services operating in the EEA, provided they are purchased in an online store or included in an active multi-game subscription in the EEA. In addition, the availability of Activision's popular games for streaming via all cloud game streaming services will boost the development of this dynamic technology in the EEA. Ultimately, the commitments will unlock significant benefits for competition and consumers, by bringing Activision's games to new platforms, including smaller EU players, and to more devices than before.

The Commission carefully investigated the effectiveness of the remedies, collecting views from a large number of market participants and stakeholders. In particular, cloud game streaming service providers gave positive feedback and showed interest in the licenses. Some of these providers have already entered into bilateral agreements with Microsoft based on the proposed licenses to stream Activision's games, once the transaction is completed.
 

Pancracio17

▲ Legend ▲
Avenger
Oct 29, 2017
18,793
Interesting, they don't seem to thing cloud gaming is a separate market, just a market segment and a way to distribute.
  • 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.
I mean, that is what it is. Its the CMAs definition of the market thats strange.
 

GING-SAMA

Banned
Jul 10, 2019
7,846
It's coming Home ??

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ozumas

Born to be Wise
Member
Dec 15, 2020
2,284
Even if all others approves? Then why proceed the process if one blocks the deal is over?

Because MS planned to appeal (even though it seems it won't likely do anything) and because the EU process was already going paralel to CMA.

And maybe because if EU approved it MS could appeal to CMA given that EU has approved but I guess that wouldn't work since they are "different" markets
 

Dreazy

Member
Oct 25, 2018
2,016
It's about saving face. For a deal this size they have to tell their investors they at least tried all the scenarios to get it approved.

Nah even Warren Buffet Said it's clear MS has went above an beyond to get this deal done. Anyone who has been following this case knows this. I believe MS thinks they have a very strong case an chance to get CAT an CMA to rethink there decision.
 

Sikamikanico

Member
Oct 25, 2017
1,567
Lots of the comments in the EU breakdown directly going against the CMA's alternate reality findings:

ec.europa.eu

Press corner

Highlights, press releases and speeches

"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."

"Taking into consideration the feedback of the market, the Commission concluded that the proposed acquisition, as modified by the commitments, would no longer raise competition concerns and would ultimately unlock significant benefits for competition and consumers. The Commission's decision is conditional upon full compliance with the commitments. Under supervision of the Commission, an independent trustee will be in charge of monitoring their implementation."
 

Juryvicious

Member
Oct 28, 2017
6,843
Finally, some fucking food!

The EU's reasons are just and make logical sense.

It'll be incredibly interesting going forward how their decision and the sound logic behind it will be used as a stepping stone for resolution towards the CMA/ FTC.
 

criteriondog

I like the chili style
Member
Oct 26, 2017
11,151
Reposting from the other thread that got locked since it's all contained to this thread:

thinking this is going to be quite a slow pace towards the deal just getting shut down/blocked by the CMA again
 

RocknRola

Member
Oct 25, 2017
12,232
Portugal
Are you actively trying to start an Euro war bro? >.> Because those two don't go along, especially not in sports lmao


-------------------

So it's just the CMA and FCT holding this down huh? Though if the CMA doesn't budge, I'm not sure how Acti/MS can continue to pursue this. No way in hell either will leave the UK altogether.
 

Siden

Member
Apr 27, 2023
334
Minimum lol 🐒 Isn't this why are you here for? Aren't you entertained!?

Why years? Isn't it just the CMA and FTC now? I was under the impression they could do it without FTC approval and just fight in court after they go through with it. With the CMA, it will take years to resolve?
 

MrKlaw

Member
Oct 25, 2017
33,065
what are the specifics of MS' committments around cloud gaming? Do they guarantee all ABK games to be available on all cloud platforms in perpetuity? or for the foreseeable future that they can change at any time?
 

TheCrazyGuru

Member
Mar 29, 2021
215
Nah, that ain't happening, it's MS's second biggest market. More likely the deal just collapses and MS takes the L.
Are you ignoring the appeal to the CAT that is going to happen? If you look at the merits of this specific case and the lack of evidence in many of the areas related to the cloud theory of harm, then Microsoft has a good shot.

If certain items are struck out as conclusions that CMA made by CAT and the CMA has to actually get evidence that Activision games are critical to cloud gaming, cloud gaming will be profitable within 5 years (no evidence has been provided by CMA to prove that), that GamePass Ultimate users subscribe for XCloud (CMA produce surveys & market analysis to prove this, etc.), prove that cloud gaming is a separate market, and further analysis & data to prove XCloud actually has 60-70% market share, then Microsoft actually has a better chance.
 

Ratuso

Member
Nov 27, 2021
1,195
Big divergence from the CMA. They believe that there is a SLC in Cloud Gaming, but they accept the behavioural remedies, unlike the CMA.

More from Bloomberg / Samuel Stolton

EC's Vestager thinks that the deal is pro-competitive.
EU antitrust chief Margrethe Vestager on Monday described the deal as "pro-competitive" and that it would "kickstart" the cloud streaming market, which represents just 1% to 3% of the entire gaming market.

UK vs EU differences
The EU's Vestager said the difference in conclusions between EU and UK regulators centered on how quickly the cloud gaming market would develop in the future.

"We agree that the cloud streaming market is a promising market. We may disagree about the speed at which it will develop," Vestager said, adding that the EU sees a longer development period for cloud gaming than the UK.
Chance of success in legal challenges to the FTC and CMA remain low according to Bloomberg.
While the EU decision offers a glimmer of hope, "it probably doesn't change much" for Microsoft's chances of success in legal challenges to the FTC and CMA, according to Bloomberg Intelligence analyst Jennifer Rie.

That's "because each jurisdiction has made its decision based on the market conditions in their own region," she said. "These conditions may differ, which can lead to a different conclusion on the antitrust impact of a deal."
The deal will unlock significant benefits for competition and consumers according to the EC.
The European Commission defended its findings, saying that the commitments will empower millions of European consumers "to stream Activision's games using any cloud gaming services" operating in the EU region.

"The commitments will unlock significant benefits for competition and consumers, by bringing Activision's games to new platforms, including smaller EU players, and to more devices than before," a statement from the commission said.
 

Marus

Alt account
Banned
Aug 6, 2022
1,929
Why years? Isn't it just the CMA and FTC now? I was under the impression they could do it without FTC approval and just fight in court after they go through with it. With the CMA, it will take years to resolve?

MS agreed that all these things has to be approved so the merger can be successful.

They have to appeal and that isn't going to be quick.
 

vixolus

Prophet of Truth
Member
Sep 22, 2020
54,548
when will the full decision text get posted?

the behavioral remedies don't seem to mention a timespan. safe to assume it's 10 years? (edit: they mention 10 years yes) also, interesting that the EC mentions the license being available for MGS and not just BYOG?
 

RocknRola

Member
Oct 25, 2017
12,232
Portugal
I can't wait til the CAT kicks the case back to the CMA, just for the CMA to block again.
That's the thing, even a successful appeal means it just goes back to the CMA and there's a decent chance they just block it again, on different grounds. It *feels* like a "lose-lose" situation, but I've also seen folks theres a slight chance so who knows....
 

poklane

Member
Oct 25, 2017
27,934
the Netherlands
what are the specifics of MS' committments around cloud gaming? Do they guarantee all ABK games to be available on all cloud platforms in perpetuity? or for the foreseeable future that they can change at any time?
To address the competition concerns identified by the Commission in the market for the distribution of PC and console games via cloud game streaming services, Microsoft offered the following comprehensive licensing commitments, with a 10-year duration:
  • A free license to consumers in the EEA that would allow them to stream, via any cloud game streaming services of their choice, all current and future Activision Blizzard PC and console games for which they have a license.
  • A corresponding free license to cloud game streaming service providers to allow EEA-based gamers to stream any Activision Blizzard's PC and console games.
I mostly wonder how streaming would work if you purchase a game on PlayStation or Nintendo platform.
 

Dust

C H A O S
Member
Oct 25, 2017
32,288
Why years? Isn't it just the CMA and FTC now? I was under the impression they could do it without FTC approval and just fight in court after they go through with it. With the CMA, it will take years to resolve?
CMA appeal is massive time sink undertaking with usually low % chance of success. CMA is the only body you don't want to get blocked by, EC and FTC are manageable.

But MS now has nothing to lose but to fight.
 

gofreak

Member
Oct 26, 2017
7,736
Oh, okay. Just seeing some celebrations got me hella confused

Same thinking process that led to premature celebrations when the CMA dropped its console SLC.

IMO it seems this isn't a process where odds incrementally get added to or subtracted from with each decision in the chain. It's a process where the odds are only ever as strong as the weakest link in the chain. Which remains the CMA.
 

Connope

Member
Mar 6, 2022
1,525
Lots of the comments in the EU breakdown directly going against the CMA's alternate reality findings:

ec.europa.eu

Press corner

Highlights, press releases and speeches

"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."

"Taking into consideration the feedback of the market, the Commission concluded that the proposed acquisition, as modified by the commitments, would no longer raise competition concerns and would ultimately unlock significant benefits for competition and consumers. The Commission's decision is conditional upon full compliance with the commitments. Under supervision of the Commission, an independent trustee will be in charge of monitoring their implementation."
I don't think that contradicts CMA's findings does it? The EU finding is that the acquisition will result in an immediately better situation than now, but the CMA's is that the situation in >10 years (once the cloud gaming market has matured, the COD deals expire, and the behavioural remedies expire) will be worse than it would be without the deal. There's a possibility for an argument that the CMA's logic is poor, but I don't think the EU is contradicting what they said in this particular aspect at least.
 
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Dingo

Member
Jul 19, 2022
776
OK guys have fun for the next year 😆 I think this will go through with a divestment of cod at worst.

Don't let people stop you believing!
 

MrKlaw

Member
Oct 25, 2017
33,065
I mostly wonder how streaming would work if you purchase a game on PlayStation or Nintendo platform.

hmm probably long enough for the EU to consider that forever from the point of view of a merger, but something MS can live with. License also doesn't mean MS guarantees to port to those platforms, so either those platforms need to make efforts to port, or (maybe more likely) MS goes 'well you just put this game pass app on your platforms and hey there you go all the games'. Which is what they want ultimately anyway. And if the platforms reject they can just go 'well we said we'd license for free but they didn't want it shrug'
 

Alucardx23

Member
Nov 8, 2017
4,713
Interesting, they don't seem to thing cloud gaming is a separate market, just a market segment and a way to distribute.
  • 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.

That's thinking logically. In a sector as new as cloud gaming, it would be very good to have games as big as COD right away on various cloud gaming services, instead of pretending that you know what will happen in 10 years in terms of who is the leader in cloud gaming.