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Tigerfish419

Member
Oct 28, 2021
4,521
It's insane how much power Sony has over their second biggest competitor in this.

It's probably more regulators want to stop big tech than Sony being so powerful to be honest, along with the amount of money that is being spent. Sure Sony being massively against it will play on their mind and play up their fears but I think it's more about Microsoft and price.
 

Montresor

Member
Oct 27, 2017
4,238
Wouldn't multiplatform releases be preferable because more consumers can purchase their games, in addition to Game Pass getting loads of content from ABK?

I feel like this is a naive question, or setting up for a gotcha moment. You think from Microsoft's perspective, multiplatform releases are preferable? Or do you mean from a consumer's perspective?

I think as an Xbox only consumer, it doesn't necessarily matter to me if the games are exclusive or multiplatform. But what I want is for the Xbox platform to be strong and remain relevant, and to reach a situation where certain Japanese games aren't automatic skips for the platform (things like Atelier, Trails of, Final Fantasy, Octopath, other niche games).

Exclusives help strengthen a platform.
 

Bengraven

Member
Oct 26, 2017
26,893
Florida
It's probably more regulators want to stop big tech than Sony being so powerful to be honest, along with the amount of money that is being spent. Sure Sony being massively against it will play on their mind and play up their fears but I think it's more about Microsoft and price.

Oh no, I agree, I'm just saying that they have sway over the regulators due to their testimony.
 

VeePs

Prophet of Truth
Member
Oct 25, 2017
17,371
If concessions include all ABK console games being multiplatform for 10 years, I have to wonder if this was really worth it for Microsoft. From their perspective, it may have been better to simply outbid for the COD marketing rights and purchase other developers.

Why would it not be worth it? They're games would sell well on Playstation, Steam, and possibly Nintendo Systems, on top of that every single game they release would drop on Game Pass Day 1. If you plan on buying Diablo 4 and MW2 this year, that's $140. Meanwhile you could easily just have Game Pass and get access to those, plus a lot more games, plus a crazy backlog.

On top of that, King is very valuable. Candy Crush alone makes over 1 Billion USD per year. Then there's other mobile games, like Diablo Immortal. and COD Mobile, and games like Warzone Mobile dropping soon.

It would still be a very valuable proposition for Microsoft, it would make Game Pass more appealing, it would give them a bigger footprint in the mobile and cloud gaming space, and it would also be great for owners who have a PS5 and are worried about not being able to play the next Activison Blizzard game.
 

DukeBlueBall

Banned
Oct 27, 2017
9,059
Seattle, WA
If concessions include all ABK console games being multiplatform for 10 years, I have to wonder if this was really worth it for Microsoft. From their perspective, it may have been better to simply outbid for the COD marketing rights and purchase other developers.

It's not worth it. MS can't use the power of the fully armed and operational AKB to crush the enemies of Xbox.
 
Oct 27, 2017
2,648
It's probably more regulators want to stop big tech than Sony being so powerful to be honest, along with the amount of money that is being spent. Sure Sony being massively against it will play on their mind and play up their fears but I think it's more about Microsoft and price.

Just piggybacking off of your comment for a moment as I agree with it.

We all keep referring to the price but shouldn't they be looking at the impact of the deal? Price Impact. This only impacts two companies materially on the surface. Microsoft and Sony. Going on and on about future prospects of things is disingenuous and foolish from regulators. I'm the controller of my company, I create the budget that we use for the next fiscal year. FY2023 is done, based on data available to me as of September 30, 2022. I don't dare attempt to look in my crystal ball to figure out FY2024. The simple idea of trying to project nascent industry trajectory and the power _______ can wield a decade down the road is impossible. It is just an impossible task. You can't do it for industries that are relatively static like healthcare, the industry I work in. Emerging technologies and industries is absurdly impossible. Nailing budgets/projections over that amount of time is impossible because then you are trying to understand and weigh variables that both exist and don't exist and that is an exercise in futility. Doing that, doing nothing or playing whack-a-mole with your junk will truthfully all elicit the same answer. Just by doing nothing, you save the time, effort and pain of the other options.

Like I've said before, this feels like grandstanding to show their populous that they are standing up to the 'man' for whatever reason.
 
Dec 9, 2018
21,163
New Jersey
I feel like this is a naive question, or setting up for a gotcha moment. You think from Microsoft's perspective, multiplatform releases are preferable? Or do you mean from a consumer's perspective?

I think as an Xbox only consumer, it doesn't necessarily matter to me if the games are exclusive or multiplatform. But what I want is for the Xbox platform to be strong and remain relevant, and to reach a situation where certain Japanese games aren't automatic skips for the platform (things like Atelier, Trails of, Final Fantasy, Octopath, other niche games).

Exclusives help strengthen a platform.
I don't really think it's a naive question. For Microsoft's perspective they get higher revenue potential AND Game Pass growth via Call of Duty and other heavy hitters reaching the platform. It also makes sense for Microsoft as they intend on expanding CoD to Switch as well and have long campaigned for reducing barriers in gaming. Additionally, it would help assuage regulatory concerns as it would present Microsoft's intentions as less disruptive in the industry and more productive for the company as a whole. There's also, of course, the consumer benefit of not needing to join the Xbox ecosystem to play Activision-Blizzard games, or perhaps only needing to making an Xbox account or some adjacent account that acts as an auxilliary to Microsoft's platform. As someone who's looking at Microsoft's arguments and the pros and cons of the acquisition, having a 10-year licensing agreement to keep all games multiplatform would be not only beneficial to Microsoft, but also to the Xbox platform as, again, it strengthens Game Pass and further associates Call of Duty with the Xbox brand, luring more consumers to their platform that way.
 
Jan 19, 2022
1,015
If concessions include all ABK console games being multiplatform for 10 years, I have to wonder if this was really worth it for Microsoft. From their perspective, it may have been better to simply outbid for the COD marketing rights and purchase other developers.
At this point in time, it's probably mostly sunk cost fallacy and MS wanting King more than Activision or Blizzard.
As inflation decreases and interest rates raise, that 70 billion dollars is getting more and more valuable. Cash is no longer trash, and cash will be king in a year or so.
If Netflix can't be profitable in a period of high interest rates, game streaming is almost certainly going to be major financial loss.
There's also the soft power benefits Microsoft is losing with this deal. MS was able to help with a lot of the big tech regulation in US because it wasn't deemed to be as great a threat as Apple/Facebook/Amazon/Google. MS has burned bridges with the FTC with this merger.

Is Microsoft able to back out of the acquisition unilaterally? Because if so, I'm going to go full betting time. I'm going to bet that the most likely outcome is that regulatory agencies don't block the merger, but the merger gets swamped in courts. By 2023 to early 2024, US will have inflation down to 3% and interest rates will be around 5%. Tech will still be in a slump and streaming services will fail to demonstrate profitability in high interest rate environments. Microsoft then decides to withdraw from the merger and pay Activision the 3 billion dollar separation fee.
 
Oct 27, 2017
9,432
At this point in time, it's probably mostly sunk cost fallacy and MS wanting King more than Activision or Blizzard.
As inflation decreases and interest rates raise, that 70 billion dollars is getting more and more valuable. Cash is no longer trash, and cash will be king in a year or so.
If Netflix can't be profitable in a period of high interest rates, game streaming is almost certainly going to be major financial loss.

Is Microsoft able to back out of the acquisition unilaterally? Because if so, I'm going to go full betting time. I'm going to better that the most likely outcome is that regulatory agencies don't block the merger, but the merger gets swamped in courts. By 2023 to early 2024, US will have inflation down to 3% and interest rates will be around 5%. Tech will still be in a slump and streaming services will fail to demonstrate profitability in high interest rate environments. Microsoft then decides to withdraw from the merger and pay Activision the 3 billion dollar separation fee.
They still have equity in the company which they still have the projected growth to exceed what the actual cost was so I don't really see what the issue is. I mean we're talking about Activision not Twitter here. :p
 

Tigerfish419

Member
Oct 28, 2021
4,521
Oh no, I agree, I'm just saying that they have sway over the regulators due to their testimony.

Probably playing on the fears of regulators of big tech so it wouldn't take much for them to be convinced, but yeah Sony seemingly did a good job on that part. I think Sony must've went hard and fast.

Just piggybacking off of your comment for a moment as I agree with it.

We all keep referring to the price but shouldn't they be looking at the impact of the deal? Price Impact. This only impacts two companies materially on the surface. Microsoft and Sony. Going on and on about future prospects of things is disingenuous and foolish from regulators. I'm the controller of my company, I create the budget that we use for the next fiscal year. FY2023 is done, based on data available to me as of September 30, 2022. I don't dare attempt to look in my crystal ball to figure out FY2024. The simple idea of trying to project nascent industry trajectory and the power _______ can wield a decade down the road is impossible. It is just an impossible task. You can't do it for industries that are relatively static like healthcare, the industry I work in. Emerging technologies and industries is absurdly impossible. Nailing budgets/projections over that amount of time is impossible because then you are trying to understand and weigh variables that both exist and don't exist and that is an exercise in futility. Doing that, doing nothing or playing whack-a-mole with your junk will truthfully all elicit the same answer. Just by doing nothing, you save the time, effort and pain of the other options.

Like I've said before, this feels like grandstanding to show their populous that they are standing up to the 'man' for whatever reason.

Yeah it is pretty crazy to be trying to predict such things so far out when next year a new game could come out that's like cod and everyone plays that instead. Not only that but the market they are trying to protect is entertainment and not something critical like a social media platform or something like chip making or medicine. I get all markets should be protected but some should be protected more than others and I don't thinking gaming is that important when it really comes down to it. Like let's say Microsoft turns bad and are extremely anti competitive and makes everything exclusive and pulls everything off all platforms, what is that really going to do for the industry, will companies suddenly close? I don't think so. Let's say they pull all 3rd party content off Xbox, will all those 3rd party companies close? Again I don't think so at all. What about if they increase all their products and services by 100%, I think people would just stop paying and playing their stuff as there is always a limit so all other companies will benefit from people jumping ship from Xbox.
 

T0kenAussie

Member
Jan 15, 2020
5,104
At this point in time, it's probably mostly sunk cost fallacy and MS wanting King more than Activision or Blizzard.
As inflation decreases and interest rates raise, that 70 billion dollars is getting more and more valuable. Cash is no longer trash, and cash will be king in a year or so.
If Netflix can't be profitable in a period of high interest rates, game streaming is almost certainly going to be major financial loss.
There's also the soft power benefits Microsoft is losing with this deal. MS was able to help with a lot of the big tech regulation in US because it wasn't deemed to be as great a threat as Apple/Facebook/Amazon/Google. MS has burned bridges with the FTC with this merger.

Is Microsoft able to back out of the acquisition unilaterally? Because if so, I'm going to go full betting time. I'm going to bet that the most likely outcome is that regulatory agencies don't block the merger, but the merger gets swamped in courts. By 2023 to early 2024, US will have inflation down to 3% and interest rates will be around 5%. Tech will still be in a slump and streaming services will fail to demonstrate profitability in high interest rate environments. Microsoft then decides to withdraw from the merger and pay Activision the 3 billion dollar separation fee.
In my mind if the deal is this thing where all future releases for ten years are multi with gamepass it's still an absolute win for MS, every ps sale will funnel back into the Xbox division funding more games and Des for gamepass growing the division overall

The biggest thing I want to see is the unlocking of the IP vaults, but my pessimistic side realises rare and Bethesda already have a might dragons horde of IPs doing nothing right now too
 

Yoga Flame

Alt-Account
Banned
Sep 8, 2022
1,674
I don't think Sony can make a case that games like Crash or even Tony Hawks are inputs that can shut them down like CoD so I very much doubt MS have to show regulators that all ABK games should be multiplatform like CoD. Also think any suggestion that CoD can't be on GP is a non-starter for MS and nor do regulators expect that to be on the table. Just that CoD should be available and supported like they have done in the past . More likely MS are delving into the details of CoD (perhaps Overwatch 2 as well) and options for Sony to pay for PS+ inclusion.
 

lost7

Member
Feb 20, 2018
2,750
Even if all Acti games remained multiplatform, the acquisition would still be worth it for the amount of money they'll be making on these games - plus having COD on GamePass will be a game changer for the service in terms of subs.

I will also say, though, still getting COD on PS (and possibly even some other Activision games, even though they're literally a drop in the water relative to COD) for 10 years and most likely having MS unable to purchase another major pub like EA or Take 2 moving forward might be the best scenario out of a bad situation for Sony. MS will definitely gain major market share (I expect them to become the main platform in the US and UK like in the 360 days) in the future, but Sony will still be able to compete.

If MS could have bought Activitison without any concessions and then went to buy EA, I genuinely think they would have dominated the market
 

ryan299

Member
Oct 25, 2017
4,429
This just in: MS and Sony to pull all trailers from the game awards to convince regulators they have no games and suck.

Even though I find this all interesting even I am getting tired of the process and hearing about it all lol.
 
Oct 27, 2017
20,766
Profoundly different environments thanks to games still being purchasable and selling a ton (even first party stuff), and, of course, microtransactions. It's why Game Pass is already profitable.
I don't think the things that make game pass profitable apply to streaming tho. There are huge tech barriers for most consumers on streaming. I have solid internet at home and pay $76+ a month and streaming is still hit or miss for me on games

Much less poorer nations and let alone lower-middle class Americans. There are unique and difficult barriers to streaming that game pass simply does not have to deal with at all.

I get why you don't agree with their Netflix argument, and yes they're wrong about it if it's solely if game pass is profitable, but the idea of game streaming only being profitable is still not happening anytime soon imo.

Netflix - game pass and - game streaming (be via game pass, Sony, nvidia or whoever) are different environments like you said. And while I don't completely agree with how they made their point, I do not think game streaming will take off the same way as music and movies have
 

meenseen84

Member
Feb 15, 2018
1,943
Minneapolis
What I wonder is if the deal fails what will happen with Activisions relationship with Sony. A lot of people will be out of a lot of money, there's no way they continue marketing and exclusive content at a discount. It would also cost Microsoft a lot of money too, can't imagine they will continue business as usual. It feels like Sony is picking a fight they shouldn't.
 

Raide

Banned
Oct 31, 2017
16,596
What I wonder is if the deal fails what will happen with Activisions relationship with Sony. A lot of people will be out of a lot of money, there's no way they continue marketing and exclusive content at a discount. It would also cost Microsoft a lot of money too, can't imagine they will continue business as usual. It feels like Sony is picking a fight they shouldn't.
Ultimately business is business so if Sony throw money at them for marketing, Acti will take it. On the other hand, some businesses hold long term grudges, so it might impact the future. Who knows really. If it fails, I can just see MS being super aggressive and if Sony think CoD is so big, MS will push for the marketing.
 
OP
OP
Idas

Idas

Antitrusting By Keyboard
Member
Mar 20, 2022
2,026
Now that I have some free time, I'll answer questions:

To be frank Idas, I haven't seen any clear and convincing argument from Sony thus far. I understand Game Pass, if treated as a market, can be a potential concern, however, Microsoft here makes a compelling case that it would be unable to foreclose PS+ because GP doesn't exist on PlayStation. Also, PS can make a number of improvements of its own to enhance PS+. With 10-year commitment, Microsoft goes above and beyond, also gives PS ample time to respond.

In your opinion, what is PlayStation's best argument (of the ones put forward) against the merger?

EDIT: One more thing, Microsoft and Sony, both use Meta/Giphy as though it favors their side. Which one does actually hold water?

Gamepass being considered its own market is already a great argument because MS is still denying that possibility. They believe that subcription services are just another means of payment, nothing more. But so far the CMA is more in favor of the market theory.

Casting doubt about what would happen without the acquisition with ABK in subscription services is also a good argument. MS says that nothing would change because according to internal documents, the scope and variety of games developed by ABK + economic incentives, ABK doesn't see a point in subscription services. But who knows if that info is only part of the story. Maybe they were thinking about creating their own subscription service like EA or Ubisoft and therefore MS is removing a future competitor with the acquisition.

Finally, reminding the CMA about the possibility of the content being exclusive to Gamepass is also a good point. It's an issue whose relevancy depends on the resolution of previous issues (the importance of ABK content, the market power of Gamepass, being its own market, the access to COD in the buy-to-play market post merger, etc), but it could become a pain point for MS too.

Regarding the Facebook/Giphy case, I think that MS makes a better use of it when comparing the structure of both markets and the potential input foreclosure. Sony is using it more like a reminder about the importance of nascent markets, that subscription services could be one of those markets and that in those cases classic assessment such as marketshares maybe aren't that useful.

Thanks for the great effort you're doing. Given that both Microsoft and Sony have implied that both have tried to put their game subscription service on each other consoles, is it possible that the CMA could push for that to happen? Microsoft has repeatedly said that they want to put Gamepass on Playstation but this is the first time I see Sony saying that Microsoft doesn't want Playstation Plus on Xbox. I wonder what will be Microsoft's response to this. Could they reply with something like "If you allow Gamepass on Playstation we will allow Playstation Plus on Xbox."?

Thanks!

Well, in theory it could happen but right now only MS would have to comply with something like that. After all, Sony is just a third party in the review process.

In any case, if one of the remedies is that MS has to create a version of Gamepass for Playstation (and MS agrees to that), my guess is that it would create such a seismic change in the industry that in a few years we could see similar moves from other services, including PS+.

But I think that it's unlikely that regulators will ask for something like that.

Idas Do you think Remote Play has any impact on the cloud gaming arguments? Something like you can already play COD via the cloud from your owned console for free on both PS and Xbox. And since mobile and PC are being considered separate markets by the regulators' own arguments, then you have to look narrowly at the console space. The TECH is slightly different, but the experience for a console owner is substantially the same. As long as you own a console, then it's impossible to foreclose Sony from cloud streaming of COD games, with all attendant benefits of cloud gaming, because it will always be accessible to PS gamers as long as COD remains on that platform (TOH 1 - a much cleaner argument for MS to win IMO).

The caveat is that you have to own COD, as well. Unlike if COD were available through xCloud via Game Pass or PSN via PS Now. And that might tie back into the Game Pass TOH. But maybe not significantly so and it would be worth it. (I think there are less impactful satisfactory Game Pass concessions than there are satisfactory cloud concessions - other than COD banned from cloud outright.. but.. good luck getting it on Switch then.) Likewise, it wouldn't totally address the other companies that just don't currently get COD at all. Though, again, this would be the case with Stadia as well under their business model, if they had convinced ABK to play ball (which it seems was far from the case). So, saying that COD is being foreclosed from platforms that it was never ever coming to seems a bit circular.

For remote play you have to own the game someway (bought or licensed), you have to download the game and you need specific hardware (the console). Two of the key attractions of cloud gaming are no specific hardware and no downloads.

Add to that that for MS cloud gaming is not even their own market, just another way to accessing games (and not very relevant for the next 3-5 years) and I guess that you could say something very similar about remote play: another way to access games that only a tiny proportion of gamers uses.

Thanks for the update!

What are the chances that these concessions to the EU are negotiated already? i.e. EU indicated that these are the concessions that they want. I am assuming that MS isn't just doing a shot in the dark here to get a quick approval.

The Commission updates the companies regularly about the process. So my guess is that MS already had a pretty good idea about the issues and potential remedies during October.

I continue to continue to remain optimistic.

Helpful context, as always! That does make sense. And I think they've been laying the groundwork the last few weeks to reduce all of the Game Pass and cloud problems (other than the OTHER cloud problems) back to a core 'COD on consoles' problem, which is easily remedied all together. Well, if they think this is enough, then that'll be good. 10 years is a hecka long time.

Though, I can't imagine Sony is ALL that enthused to see a specific time frame put down clearly in public, either. I imagine they'll have to do a pretty quick public about face on COD exclusivity right after the deal goes through (if). "No no, I know we were saying that MS was gonna take COD off PlayStation, but no no we talked it over and solved it. Definitely NOT leaving COD in 10 years. That's just the contract, but Phil has personally promised me that it's gonna be long after that. So no need to preemptively leave the platform, ok??!"

Or... maybe not haha. We'll see if regulators even bite on this in the first place.

The timeline of events during the last 30 days has been very interesting:

- MS rejected offering remedies to the European Commission (EC) on October 28th
- The EC opened Phase 2 on November 8th
- According to the NYT, on November 10th MS offered Sony the 10 year agreement
- On November 18th, the EC delays the deadline for Phase 2 fifteen days (that delay was requested by MS because it was done under article 10(3)2)
- On November 23rd, Politico says that the FTC will likely sue (although MS probably knew since mid October)
- On the weekend of November 26-27th, MS and Sony meet to talk about the 10 year agreement (according to DealReporter)
- On November 28th (the day after the meeting between MS and Sony), Reuters says that MS will offer the 10 year remedy to the EC

So, is the timeline saying that MS and Sony reached an agreement and they just want to it make official (through remedies) or that the negotiation failed and MS is going directly to regulators with the same offer? 🤔

It's hard to say for sure, but my guess is that there could be an agreement and that's why MS is offering a 10 year remedy. If there was no agreement, why would you offer something so specific?

It could also fit with what I said the other day about fast tracking an approval with the EC (one that includes the OK from the most belligerent third party) to pressure the CMA and FTC.

Any idea why would China's SAMR (State Administration for Market Regulation) wait for the European Commission decision?

Thanks.

The SAMR is kind of their own beast on this subject:

- They are more favorable to behavioural remedies than the majority of regulators
- They are slow and a bit unpredictable regarding timing (the have even a Phase 3)
- Competition AND policy issues are relevant, because the government intervenes more regularly in mergers
- They give more importance to what different stakeholders say, for example regulators from other jurisdictions (I guess that's why they could wait for the EC)
- Sometimes they impose very specific remedies just for the Chinese market, even when the majority of regulators are appoving the deal without concessions

Anyway, Xbox being small in China, COD having less influence there and other games from ABK disappearing from the Chinese market by the end of January, makes me think that China shouldn't be a big problem. Although they are going to take their time.

I say this as a UK citizen, but, why does the CMA have relevance like the FTC and the EC? What's the metric which determined this position in the regulatory hierarchy, moreso than a Serbian regulator for example?

I'm asking this honestly, I have no understanding of how this regulatory system works but it just seems odd to me that the UK's specific regulatory system is elevated to a level that other independent country regulators aren't.

Brexit is the main reason. Without it, this deal wouldn't have been reviewed by the CMA.

But now that UK is out of the European Union, they are also independent on competition law and can review any merger (big or small) that could affect the UK market (obviously, an important one).

I mean in terms of being a big regulator to require approval. As the merger agreement shows, the big four are the most important, but I would assume Japan's gaming market is comparable in size to the UK, yet Japan's regulator never gets talked about.

Idas ?

ABK has more assets in China than in Japan, I guess that's why the SAMR is one of the Big4 for this case.

Lina Khan will speak to Gamers Everywhere at TGA confirmed

That would be an incredible "World premiere" :p xD

What is a FTC staff recommendation? How is that different from their decision?

The Bureau of Competition (one part of the FTC) has 4 "merger shops" organised by industry (they are called Mergers I, II, III and IV; probably I or II are reviewing the ABK case).

Each "merger shop" has 3-5 assistant directors + lawyers, economists, data scientists, etc

All the members of each "merger shop" are called Staff. They are the ones who mainly do the review process. Once they are done, they give a recommendation about the case (clearance with/without remedies or lawsuit). That recommendation will be analysed and voted first by the
Bureau of directors and finally the 5 Commissioners.

So, in mid December the Staff will recommend what to do with the ABK case (likely a lawsuit). In January the Bureau of directors and specially the 5 Commissioners will vote if they overrule the recommendation or not.
 
Last edited:

vixolus

Prophet of Truth
Member
Sep 22, 2020
54,684
Idas if Sony and Microsoft had weekend meetings and came to an agreement on terms for the 10 years, what realistic basis would the government have to block it? Obviously, they are separate and have the "final say" more or less, but if for example the Union is ok with it, shareholders are ok, the major vocal competitor is now ok, and other governments have approved so far, does that just weaken the CMAs/FTCs arguments against the deal if they are?
 

cyrribrae

Chicken Chaser
Member
Jan 21, 2019
12,723
Hmm, with Twitter drama not just blowing up but clearly coming toward confrontations with regulators (not necessarily the same ones.. but also not necessarily NOT the same ones, either), I wonder if this increases the heat on the deal in terms of reining in big tech or whether it sucks the oxygen out of the room for anything that isn't as big, flashy, and pressing as Twitter implosion. If the primary impetus of going after MS hard was to show toughness on big tech, you've got a much easier (easier? maybe not) or at least much more visible and obnoxious target now. Though, perhaps that's the exact reason they'd rather go hard on a softer and less politically charged target like MS as a prelude instead.

Who knows with politics haha. That said, they obviously do believe they have something with the cases that each regulator has laid out, so it's not like I'm expecting them to just abandon them. But.. I also wouldn't be surprised if Phase 2 ended up being far less thorny than we've all been expecting. [Though, if EC accepts the 10 year concession quickly, it may not even matter that much.]

The Bureau of Competition (one part of the FTC) has 4 "merger shops" organised by industry (they are called Mergers I, II, III and IV; probably I or II are reviewing the ABK case).
Thanks as always Idas! Your answers are corrective and helpful haha.

Also, I see FTC taking a page out of Blizzard "Team 4" and Square Enix "Creative Business Unit II" naming lol
 

DukeBlueBall

Banned
Oct 27, 2017
9,059
Seattle, WA
Some leaks from the Sony and MS deal:

Sony guaranteed Playstation Advantage for 10 years for AKB games. After 10 years, MS negotiates with Sony for parity on a case by case basis.
AKB titles day and date with PS Plus. Gamepass day and date too but 23 hours and 58 minutes after PS Plus.
Sony gets 50% reduction from market rate for AKB on PS plus and 50% of AKB DLC proceeds on Xbox.
All Xcloud button prompts to be replaced with Playstation button prompts.
Jim Ryan get first dibs on Phil's lunch. Jim eats first. Then Phil eats after Jim leaves the building. Phil cannot eat while Jim is in the building.
 

cyrribrae

Chicken Chaser
Member
Jan 21, 2019
12,723
Some leaks from the Sony and MS deal:

Sony guaranteed Playstation Advantage for 10 years for AKB games. After 10 years, MS negotiates with Sony for parity on a case by case basis.
AKB titles day and date with PS Plus. Gamepass day and date too but 23 hours and 58 minutes after PS Plus.
Sony gets 50% reduction from market rate for AKB on PS plus and 50% of AKB DLC proceeds on Xbox.
All Xcloud button prompts to be replaced with Playstation button prompts.
Jim Ryan get first dibs on Phil's lunch. Jim eats first. Then Phil eats after Jim leaves the building. Phil cannot eat while Jim is in the building.
And people said insiders were unreliable. Shows what they know.
 

Gavalanche

Prophet of Regret
Member
Oct 21, 2021
17,530
Some leaks from the Sony and MS deal:

Sony guaranteed Playstation Advantage for 10 years for AKB games. After 10 years, MS negotiates with Sony for parity on a case by case basis.
AKB titles day and date with PS Plus. Gamepass day and date too but 23 hours and 58 minutes after PS Plus.
Sony gets 50% reduction from market rate for AKB on PS plus and 50% of AKB DLC proceeds on Xbox.
All Xcloud button prompts to be replaced with Playstation button prompts.
Jim Ryan get first dibs on Phil's lunch. Jim eats first. Then Phil eats after Jim leaves the building. Phil cannot eat while Jim is in the building.

I heard that Phil Spencer said they would release CoD on PlayStation forever if Sony remakes Bloodborne. They don't even need to release it on Xbox, Phil just really wants to play it on anything. Jim Ryan head butted him and left.

Pretty despicable. Like who headbutts.
 

killerrin

Member
Oct 25, 2017
9,238
Toronto
Mid December and January are the next important dates for the FTC:

So I have another question. How important to regulators would it be for Microsoft to figure things out and getting Sony to agree to a deal, versus Microsoft making a deal with Regulators directly? If Microsoft was to get Sony to agree to a deal, does that put less pressure on the Regulators to require additional concessions, or make them more likely to approve it?

I don't really think it's a naive question. For Microsoft's perspective they get higher revenue potential AND Game Pass growth via Call of Duty and other heavy hitters reaching the platform.

And this really can't be understated. Even if Microsoft has to maintaint the status quo for 10 years. They own that status quo and its successes become their successes. Microsoft is basically trading 68.7 Billion dollars as a one time purchase for 8.803 Billion dollars added to their revenue. Which assuming absolutely nothing changed in revenues, would net them ~88.03 Billion dollars in extra revenue just from the status quo... before we try to add on increases to Game Pass Subs and other knockoff effects of owning Activision.

And yes, Revenue isn't profit. But in this case its an easy metric to use to compare.
 
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BobLoblaw

This Guy Helps
Member
Oct 27, 2017
8,322
Some leaks from the Sony and MS deal:

Sony guaranteed Playstation Advantage for 10 years for AKB games. After 10 years, MS negotiates with Sony for parity on a case by case basis.
AKB titles day and date with PS Plus. Gamepass day and date too but 23 hours and 58 minutes after PS Plus.
Sony gets 50% reduction from market rate for AKB on PS plus and 50% of AKB DLC proceeds on Xbox.
All Xcloud button prompts to be replaced with Playstation button prompts.
Jim Ryan get first dibs on Phil's lunch. Jim eats first. Then Phil eats after Jim leaves the building. Phil cannot eat while Jim is in the building.
"This deal is still inadequate on many levels." - Jim Ryan
 

gremlinz1982

Member
Aug 11, 2018
5,331
At this point in time, it's probably mostly sunk cost fallacy and MS wanting King more than Activision or Blizzard.
As inflation decreases and interest rates raise, that 70 billion dollars is getting more and more valuable. Cash is no longer trash, and cash will be king in a year or so.
If Netflix can't be profitable in a period of high interest rates, game streaming is almost certainly going to be major financial loss.
There's also the soft power benefits Microsoft is losing with this deal. MS was able to help with a lot of the big tech regulation in US because it wasn't deemed to be as great a threat as Apple/Facebook/Amazon/Google. MS has burned bridges with the FTC with this merger.

Is Microsoft able to back out of the acquisition unilaterally? Because if so, I'm going to go full betting time. I'm going to bet that the most likely outcome is that regulatory agencies don't block the merger, but the merger gets swamped in courts. By 2023 to early 2024, US will have inflation down to 3% and interest rates will be around 5%. Tech will still be in a slump and streaming services will fail to demonstrate profitability in high interest rate environments. Microsoft then decides to withdraw from the merger and pay Activision the 3 billion dollar separation fee.
Inflation will not go away in a year or two. Not unless the Federal Reserve pulls out dollars from circulation. They won't to the degree required, so they are raising rates and hoping that it does not tank the economy that is used to cheap leverage.

This is what bank stress tests are about in addition to the constant talk of how the rate hikes wont break the economy.

Raising rates have an effect worldwide because of dollar denominated debt, and this always means things like more taxation elsewhere, less spending and all that. As cheap money dries, so too does money that inflated stocks. This is why you see Activision saying they will fight to save this deal. This is likely going to be the best offer they get for quite some time with their stock price unlikely to hit 95 for years.

This deal not going through would most likely tank their stock, and it is a hard climb from there.

There has never been a great time for companies to invest. We are also in a recession environment where stocks are down, why would a company not invest? Why not do so when the prospects of growth inrthe gaming market, especially mobile are this good with this deal? Why not invest in one of the biggest properties, then bring that to Game Pass?

The comparison with Netflix is neither here nor there. Netflix would be more profitable if they could monetize their content to a greater degree as happens with games, or if their expansion was not debt driven.

Microsoft has the possibility of being more competitive in console and mobile segments. That is a far greater bet than sitting on cash praying against everything that inflation is transitory.
 

gremlinz1982

Member
Aug 11, 2018
5,331
What I wonder is if the deal fails what will happen with Activisions relationship with Sony. A lot of people will be out of a lot of money, there's no way they continue marketing and exclusive content at a discount. It would also cost Microsoft a lot of money too, can't imagine they will continue business as usual. It feels like Sony is picking a fight they shouldn't.
Gaming and cameras were Sony's biggest businesses that guaranteed earnings. Sony is seeing competition in cameras, and they are trying to stave off competition in gaming.

Nintendo did not go away despite Sony almost killing the GameCube, and trying their best to put Nintendo handhelds out of business.

Microsoft is not going away either, and increased investment this generation is going to give them the platform they need to better compete in the next generation beyond just consoles.

Sony is resisting change, and in hindsight, this was maybe to be expected. Microsoft has built a western RPG juggernaut, and is going to be the home of FPS with this deal. There are also multiplier effects of getting some of the biggest properties in house and how that will translate to more sales, and more time on Microsoft's ecosystem.

Sony is burning a lot of bridges, but it might be worth it in the short to medium term.
 
OP
OP
Idas

Idas

Antitrusting By Keyboard
Member
Mar 20, 2022
2,026
CNBC's David Faber (this is the guy who killed the rumor of Amazon buying Electronic Arts in 30 seconds) says that he doesn't believe the story from Politico:

seekingalpha.com

Activision stock gains as report downplays Politico item on potential FTC challenge

Activision (ATVI) quickly rose 1% after CNBCs David Faber appeared to throw some cold water on a Politico report from last Wednesday that the Federal Trade Commission is likely to...

CNBC's David Faber appeared to throw some cold water on a Politico report from last Wednesday that the Federal Trade Commission is likely to file an antitrust lawsuit to block the $95/share Activision sale to Microsoft.

"I don't necessarily directional believe that story from Politico is correct from last week," Faber said on the business network. "I don't have any reporting that I would go out strong with, but this is a situation that continues to bear watching. And those who believe that there's an extraordinarily high likelihood that it's going to get blocked, let's give it a little more time."

On the other hand, Wedbush (Michael Pachter) believes that it's "highly" likely that the deal will be completed within the next six months:

seekingalpha.com

Activision added to Wedbush Best Ideas list deal or no deal (NASDAQ:ATVI)

Activision Blizzard (ATVI) was added to Wedbush's Best Ideas List with the firm expecting the game makers $69 billion sale to Microsoft (MSFT) highly likely to be completed

Activision Blizzard was added to Wedbush's Best Ideas List with the firm expecting the game maker's $69 billion sale to Microsoft "highly" likely to be completed within the next six months.

Microsoft is likely to make formal guarantees around the availability of Activision content, such as making "Call of Duty'' available on Sony's Playstation for the next decade, Wedbush analyst Michael Pachter wrote in a note.

The Wedbush recommendation comes after a Politico report last Wednesday that the FTC is likely to file an antitrust lawsuit to block the $95/share Activision deal. On Monday, Reuters reported that Microsoft is likely to soon offer the European Union concessions in order to dismiss objections to its Activision deal. Microsoft's plan would be a 10-year licensing deal with Sony.

Pachter highlighted that the combined Activision/Microsoft will still have just 10% or so of the combined worldwide video game market, behind Tencent and Sony.

"We think that regulatory challenges in the U.S., U.K., and E.U. are unlikely to materialize in a formal manner, and even less likely to succeed if they do," Pachter wrote.

If the Activision deal doesn't get done, Pachter expects the game maker's shares will eventually get towards his $95 price target due to a combination of "strong profit potential" and a high net cash balance.

One way or another, it really feels like we are at the beginning of the end.
 

vixolus

Prophet of Truth
Member
Sep 22, 2020
54,684
Please let it be the beginning of the end. Its been almost a year. Its getting a little long in the tooth but we still have half a year to go likely lol
 

Voodoopeople

Member
Oct 29, 2017
3,865
Some leaks from the Sony and MS deal:

Sony guaranteed Playstation Advantage for 10 years for AKB games. After 10 years, MS negotiates with Sony for parity on a case by case basis.
AKB titles day and date with PS Plus. Gamepass day and date too but 23 hours and 58 minutes after PS Plus.
Sony gets 50% reduction from market rate for AKB on PS plus and 50% of AKB DLC proceeds on Xbox.
All Xcloud button prompts to be replaced with Playstation button prompts.
Jim Ryan get first dibs on Phil's lunch. Jim eats first. Then Phil eats after Jim leaves the building. Phil cannot eat while Jim is in the building.

All too believable, unfortunately.
 

Noog

▲ Legend ▲
Member
May 1, 2018
2,871
Microsoft is going to do everything they can to make sure the deal goes through. If it's terminated for any reason, they'll need to pay Activision 2.5-3 billion dollars. I imagine the concessions will ultimately please regulators. Sony only cares about COD, but I can see the concession allowing all Activision games Playstation release parity for 10 years.

The PS Plus stuff is something that Sony and regulators are talking so much about, but it's not terribly interesting to me. I don't know what will happen there, but so long as it's not day and date, I don't really see why Microsoft would turn down free money to put their old games on PS Plus.
 

Lant_War

Classic Anus Game
The Fallen
Jul 14, 2018
23,594
Microsoft is going to do everything they can to make sure the deal goes through. If it's terminated for any reason, they'll need to pay Activision 2.5-3 billion dollars. I imagine the concessions will ultimately please regulators. Sony only cares about COD, but I can see the concession allowing all Activision games Playstation release parity for 10 years.

The PS Plus stuff is something that Sony and regulators are talking so much about, but it's not terribly interesting to me. I don't know what will happen there, but so long as it's not day and date, I don't really see why Microsoft would turn down free money to put their old games on PS Plus.
Yeah even if there's anything related to needing to have COD on PS Plus on day 1 it sure as shit won't be free and I don't see Sony paying
 
Oct 27, 2017
7,980
I feel like this is a naive question, or setting up for a gotcha moment. You think from Microsoft's perspective, multiplatform releases are preferable? Or do you mean from a consumer's perspective?

I think as an Xbox only consumer, it doesn't necessarily matter to me if the games are exclusive or multiplatform. But what I want is for the Xbox platform to be strong and remain relevant, and to reach a situation where certain Japanese games aren't automatic skips for the platform (things like Atelier, Trails of, Final Fantasy, Octopath, other niche games).

Exclusives help strengthen a platform.
True but I think Gamepass is an equalizer, a gamechanger
 

Rowsdower

Prophet of Truth - The Wise Ones
Avenger
Oct 27, 2017
16,586
Canada
CNBC's David Faber (this is the guy who killed the rumor of Amazon buying Electronic Arts in 30 seconds) says that he doesn't believe the story from Politico:





On the other hand, Wedbush (Michael Pachter) believes that it's "highly" likely that the deal will be completed within the next six months:





One way or another, it really feels like we are at the beginning of the end.

Michael Pachter? Oh no, now it's gonna go past six months for sure.
 

Bxrz

Banned
Dec 18, 2020
1,902
CNBC's David Faber (this is the guy who killed the rumor of Amazon buying Electronic Arts in 30 seconds) says that he doesn't believe the story from Politico:





On the other hand, Wedbush (Michael Pachter) believes that it's "highly" likely that the deal will be completed within the next six months:





One way or another, it really feels like we are at the beginning of the end.
This David Faber is credible then? How would he kill the Amazon buying EA rumor if he wasn't I assume?
 

killerrin

Member
Oct 25, 2017
9,238
Toronto
Yeah even if there's anything related to needing to have COD on PS Plus on day 1 it sure as shit won't be free and I don't see Sony paying
And thats the thing. Its such an easy concession for Microsoft to say. "We'll guarentee all Activision Games are also available on Playstation and other platforms for 10 years. We'll also allow them to pay the exact same price per unit we pay for putting it on Game Pass, so that they can put it on their service. If its worth it to Sony, they can decide to pay for it"
 
Oct 27, 2017
20,766
Microsoft is going to do everything they can to make sure the deal goes through. If it's terminated for any reason, they'll need to pay Activision 2.5-3 billion dollars. I imagine the concessions will ultimately please regulators. Sony only cares about COD, but I can see the concession allowing all Activision games Playstation release parity for 10 years.

The PS Plus stuff is something that Sony and regulators are talking so much about, but it's not terribly interesting to me. I don't know what will happen there, but so long as it's not day and date, I don't really see why Microsoft would turn down free money to put their old games on PS Plus.
I hope it is all AB games on Sony too. No reason to stop releasing them to paying customers and eat your cake with game pass subs too. Games will sell great at $70 on other platforms and do well on game pass too imo
 

aevanhoe

Slayer of the Eternal Voidslurper
Member
Aug 28, 2018
7,333
Lol, the OP title currently reads "cleared unconditionally in Serbia". I'm from Serbia and honestly, I didn't think legal institutions here even heard of Xbox (or any technology beyond 19th century, honestly) but hey, good news!
 

killerrin

Member
Oct 25, 2017
9,238
Toronto
Exclusives help strengthen a platform.

Of course Exclusives help strengthen a platform. But they're not the only thing that matters. If you're Microsoft and you're seeing the EU about to crack open the entire Mobile App Store Market with a sludgehammer. You are planning for a future in game streaming. And your earning enough of profit that the business isn't being a drain on the overall corporate structure. Then you can take a hit on 10 years of Activision Exclusitivity because what that gains you in 10 years is a whole slew of exclusive titles with fans on PlayStation titles that you can suddenly pull from Sony's systems after their fanbases are well established.

You can take that hit on 10 year console exclusitivity because you know that in 1.5 years the EU is going to absolutely go to town on your major competitiors on one of the most important Computing sectors that you have absolutely zero foothold in. And you will be able to leverage Activisions assets to massively pump up Mobile Game Development and use it as a wedge to force your way in.

So exclusives help a platform sure. But the platform isn't consoles. The platform is Microsoft. Consoles are just a medium.
 
Oct 27, 2017
20,766

How would it harm consumers? How would a 2T company not getting AB hurt people? I'm fine with it going through but wouldn't AB staying fairly independent (or being owned by someone who wouldn't force platform exclusives) be best for consumers since theyd have more options?

But on the rumor of AB games going to Ps for 10 years as part of the deal, good. All games should be as multiplatform as possible. Hopefully it happens. Now Sony and Xbox need to open up and allow some releases on each others systems by the end of the decade.

Get your sales in your product and then a year or so later sell on the other or whatever. Disney prioritizes Disney plus but puts movies on everything for a price. Meet consumers where they are
 

Tigerfish419

Member
Oct 28, 2021
4,521
How would it harm consumers? How would a 2T company not getting AB hurt people? I'm fine with it going through but wouldn't AB staying fairly independent (or being owned by someone who wouldn't force platform exclusives) be best for consumers since theyd have more options?

Well for starters it would hurt people as game pass customers because they would never have access to ABK games on game pass and this is the only way. It would hurt competition between Xbox and Playstation which could lead to things that Sony has already done as clear market leader like increase prices on almost everything. It would hurt options that people can pick how and where they can play, being under Microsoft means that all ABK games will eventually be available on pretty much any device with a internet browser. It would weaken the push for Microsoft to tackle the duopoly of the App store and Google Play store as Microsoft wants to use ABK titles and their own to create a new universal store on these two platforms and it would be much more dificult without ABK content.

Just a few ways it could harm customers if it doesn't go through off the top of my head.