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The Microsoft / Activision Blizzard acquisition |OT| Antitrust Simulator (completed; discussing post-merger issues)

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Patchanka

Member
Mar 8, 2018
91
Mmmmmkay said:
Actually that thought had crossed my mind. I think a merger with T2 would see the same resistance from regulators along with maybe EA (but their biggest IP's would never be exclusive so maybe not) and Epic although for a different reason.
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If the regulators accept Sony's point and block the merger, automatically all publishers with AAA games are off-limits to MS. Because they will be able to use the same "[AAA game]'s profits are essential to finance our first-party games" argument.

EA is off-limits because Fifa.
T2 is off-limits because GTA.
Ubi is off-limits because Assassin's Creed.
Capcom is off-limits because Resident Evil.
Square-Enix is off-limits because Final Fantasy.

And so on.

Microsoft will be able to buy indie studios only. Probably nothing bigger than, say, Platinum.
 
viciman1

viciman1

Banned
Jan 23, 2022
149
Patchanka said:
If the regulators accept Sony's point and block the merger, automatically all publishers with AAA games are off-limits to MS. Because they will be able to use the same "[AAA game]'s profits are essential to finance our first-party games" argument.

EA is off-limits because Fifa.
T2 is off-limits because GTA.
Ubi is off-limits because Assassin's Creed.
Capcom is off-limits because Resident Evil.
Square-Enix is off-limits because Final Fantasy.

And so on.

Microsoft will be able to buy indie studios only. Probably nothing bigger than, say, Platinum.
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Nah, of those only T2 and EA with Fifa and GTA are comparable to Activision with CoD and thus would be blocked, you can probably add Epic with fortnite too. Ubisoft with AC could be argued but it would probably be accepted with behavioral remedies, and the the others aren't even relatively close.
 
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Disco Infernal

Disco Infernal

Banned
May 14, 2021
16,731
Patchanka said:
If the regulators accept Sony's point and block the merger, automatically all publishers with AAA games are off-limits to MS. Because they will be able to use the same "[AAA game]'s profits are essential to finance our first-party games" argument.

EA is off-limits because Fifa.
T2 is off-limits because GTA.
Ubi is off-limits because Assassin's Creed.
Capcom is off-limits because Resident Evil.
Square-Enix is off-limits because Final Fantasy.

And so on.

Microsoft will be able to buy indie studios only. Probably nothing bigger than, say, Platinum.
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EA no longer has FIFA.
 
NekoNeko

NekoNeko

Banned
Oct 26, 2017
18,447
Patchanka said:
If the regulators accept Sony's point and block the merger, automatically all publishers with AAA games are off-limits to MS. Because they will be able to use the same "[AAA game]'s profits are essential to finance our first-party games" argument.

EA is off-limits because Fifa.
T2 is off-limits because GTA.
Ubi is off-limits because Assassin's Creed.
Capcom is off-limits because Resident Evil.
Square-Enix is off-limits because Final Fantasy.

And so on.

Microsoft will be able to buy indie studios only. Probably nothing bigger than, say, Platinum.
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that's a good thing.
 
Dingo

Dingo

Member
Jul 19, 2022
776
Patchanka said:
If the regulators accept Sony's point and block the merger, automatically all publishers with AAA games are off-limits to MS. Because they will be able to use the same "[AAA game]'s profits are essential to finance our first-party games" argument.

EA is off-limits because Fifa.
T2 is off-limits because GTA.
Ubi is off-limits because Assassin's Creed.
Capcom is off-limits because Resident Evil.
Square-Enix is off-limits because Final Fantasy.

And so on.

Microsoft will be able to buy indie studios only. Probably nothing bigger than, say, Platinum.
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Only ubi, ea, and t2 with activision blizzard were mentioned as being on the scale of Activisionblizz according to the CMA or FTC I don't remember which one.
 
T0kenAussie

T0kenAussie

Member
Jan 15, 2020
5,100
Disco Infernal said:
EA no longer has FIFA.
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Not to nitpick but they still have access to all the players through FIFPRO (player's union) and a bunch of championship leagues iirc

So they won't name it fifa but they'll have all the clubs and al the players. I think they just can't do world cups maybe as that falls under fifas purview directly

They effectively cut fifa out as a middle man
 
Kopite

Kopite

Member
Oct 28, 2017
6,020
viciman1 said:
Nah, of those only T2 and EA with Fifa and GTA are comparable to Activision with CoD and thus would be blocked, you can probably add Epic with fortnite too. Ubisoft with AC could be argued but it would probably be accepted with remedieval remedies, and the the others aren't even relatively close.
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Love this typo lol
 
POKEYCLYDE

POKEYCLYDE

Member
Dec 10, 2022
130
Patchanka said:
If the regulators accept Sony's point and block the merger, automatically all publishers with AAA games are off-limits to MS. Because they will be able to use the same "[AAA game]'s profits are essential to finance our first-party games" argument.

EA is off-limits because Fifa.
T2 is off-limits because GTA.
Ubi is off-limits because Assassin's Creed.
Capcom is off-limits because Resident Evil.
Square-Enix is off-limits because Final Fantasy.

And so on.

Microsoft will be able to buy indie studios only. Probably nothing bigger than, say, Platinum.
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Fifa and GTA sure.

The size/importance/revenue generating CoD does is leagues above other AAA games. There is a reason why CoD is the only focus regulators have. Because it's the only game that MAY have material impact on competitors if made exclusive.

However, games like Final Fantasy and Resident Evil have been made exclusive in the past. If these franchises had the foreclosure power that CoD "has", we would have seen rival platforms foreclose when those games were made exclusive.

It's ironic really, Sony moneyhatting AAA flagship IP (like Final Fantasy 7/16, SFV, Silent Hill 2) will ultimately make it so those publishers would be fair game to be acquired. Likewise, if/when games like Starfield come out and Sony isn't foreclosed because they don't have access to it, games of similar size would be on the table.

Only megalithic IP like Fifa, GTA and maybe 2Ksports games would be off the table. Fortnite too, but Epic would be off the table because of Unreal Engine more than any title in the industry.
 
Frieza

Frieza

Member
Oct 25, 2017
3,850

View: https://twitter.com/blaw/status/1636359734184771585?s=46&t=sLPHwi-svbw7tQ-2pEq1_w

The Federal Trade Commission's senior attorneys are leaving at a pace not seen in at least two decades, adding to the challenges facing the agency as it pursues expansive rulemaking.

Seventy-one "line staff" attorneys—non-leadership senior attorneys at the top of the federal government pay scale, known as GS-15s—left the agency in the two-year period between 2021 and 2022, according to data obtained by Bloomberg Law under the federal Freedom of Information Act. That's the highest number of departures in the category for a comparable two-year period since 2000.

The wave of departures comes as the FTC undertakes an ambitious rulemaking agenda under Chair Lina Khan, including a proposed ban of employers' noncompete agreements and limiting companies from engaging in "commercial surveillance" and selling or sharing collected consumer data. Khan has aggressively pursued antitrust enforcement, seeking to revive dormant laws in a bid to reign in Big Tech companies.

In total, 99 senior-level career attorneys—including line staff and leadership who are GS-15 and executive service attorneys—left the agency in the two-year period, according to the data. Of the GS-15s who departed, 27 were long-planned retirements, said FTC spokesperson Douglas Farrar.

The FTC, whose missions include antitrust enforcement and consumer protection, employed in total about 750 attorneys as of the end of 2022.

"You lose a lot of institutional knowledge" when senior staff and career leaders leave, said Debbie Feinstein, the former head of the FTC's Bureau of Competition and now a partner at Arnold & Porter. "Career staff know whether something has been looked at before, whether it's been litigated before. And they've been through things that they know is invaluable."
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Afrikan

Afrikan

Member
Oct 28, 2017
16,986
Frieza said:

View: https://twitter.com/blaw/status/1636359734184771585?s=46&t=sLPHwi-svbw7tQ-2pEq1_w
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The wave of departures comes as the FTC undertakes an ambitious rulemaking agenda under Chair Lina Khan, including a proposed ban of employers' noncompete agreements and limiting companies from engaging in "commercial surveillance" and selling or sharing collected consumer data. Khan has aggressively pursued antitrust enforcement, seeking to revive dormant laws in a bid to reign in Big Tech companies.
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I hope who ever fills in for these roles, share Lina Khan's ambitions to fight these issues.
 
Frieza

Frieza

Member
Oct 25, 2017
3,850
Microsoft offers EU remedies seeking OK on Activision deal

BRUSSELS, March 17 (Reuters) - Microsoft Corp (MSFT.O) has offered remedies in an attempt to gain EU antitrust approval for its $69 billion acquisition of Activision (ATVI.O), a European Commission filing showed on Friday.

The EU competition enforcer, which did not provide details in line with its policy, will now seek feedback from rivals and customers before making its decision by May 22.

Microsoft President Brad Smith has said the U.S. software company was prepared to offer rivals licensing deals to ease competition concerns but not to selling Activision's lucrative "Call of Duty" franchise.

The company has in recent weeks signed agreements with three companies to bring "Call of Duty" to their platforms.

"We have stood behind our promise to bring Call of Duty to more gamers on more devices by entering into agreements to bring the game to the Nintendo console and cloud game streaming services offered by Nvidia, Boosteroid, and Ubitus," a spokesperson said.

"We are now backing up that promise with binding commitments to the European Commission, which will ensure that this deal benefits gamers into the future."
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The company is likely to win EU clearance for the deal with such licensing deals and other behavioural remedies, sources have told Reuters while the jury is still out on whether the UK competition enforcer will do the same.
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www.reuters.com

Microsoft offers EU remedies seeking OK on Activision deal

Microsoft Corp has offered remedies in an attempt to gain EU antitrust approval for its $69 billion acquisition of Activision , a European Commission filing showed on Friday.
www.reuters.com www.reuters.com
 
OP
OP
Idas

Idas

Antitrusting By Keyboard
Member
Mar 20, 2022
2,025
Frieza said:
Microsoft offers EU remedies seeking OK on Activision deal

www.reuters.com

Microsoft offers EU remedies seeking OK on Activision deal

Microsoft Corp has offered remedies in an attempt to gain EU antitrust approval for its $69 billion acquisition of Activision , a European Commission filing showed on Friday.
www.reuters.com www.reuters.com
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The case file has been updated:
  • Commitments submitted in N/2 on 16.03.2023
New provisional deadline for the decision from the EC: May 22nd 2023
 
Psyrgery

Psyrgery

Member
Nov 7, 2017
1,744
Idas said:
New provisional deadline for the decision from the EC: May 22nd 2023
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the-simspsons-abe-simpson.gif
 
OP
OP
Idas

Idas

Antitrusting By Keyboard
Member
Mar 20, 2022
2,025
New report from MLex:

- Microsoft committed to EU regulators last night to make Activision Blizzard's catalog of games, including Call of Duty, available to rival cloud gaming services according to MLex.

- The offer does not include concessions to ease EU concerns over how the takeover might impact Sony's PlayStation or Google's PC operating system, indicating that the EC has narrowed its objections to the deal to focus on cloud gaming.

- The 10-year remedy proposal follows the template of recent deals announced by Microsoft with cloud gaming providers Nvidia, Boosteroid and Ubitus.

- The EC is consulting market players on Microsoft's cloud gaming offer and now it has until May 22 to issue a final decision.


So, the EC didn't drop the cloud gaming concerns. In fact, those are the main ones right now.

That's very interesting because then the CMA and the EC are more aligned than we thought regarding the theories of harm. The main difference would be that the CMA is also concerned about the console market (it looks like both regulators have dropped the concerns about PC OS).

The timing between the CMA and the EC is again different (now the CMA could be a few weeks ahead).

In any case, if the CMA goes first, April 26th is still the more relevant date.
 
T0kenAussie

T0kenAussie

Member
Jan 15, 2020
5,100
Idas said:
New report from MLex:

- Microsoft committed to EU regulators last night to make Activision Blizzard's catalog of games, including Call of Duty, available to rival cloud gaming services according to MLex.

- The offer does not include concessions to ease EU concerns over how the takeover might impact Sony's PlayStation or Google's PC operating system, indicating that the EC has narrowed its objections to the deal to focus on cloud gaming.

- The 10-year remedy proposal follows the template of recent deals announced by Microsoft with cloud gaming providers Nvidia, Boosteroid and Ubitus.

- The EC is consulting market players on Microsoft's cloud gaming offer and now it has until May 22 to issue a final decision.


So, the EC didn't drop the cloud gaming concerns. In fact, those are the main ones right now.

That's very interesting because then the CMA and the EC are more aligned than we thought regarding the theories of harm. The main difference would be that the CMA is also concerned about the console market (it looks like both regulators have dropped the concerns about PC OS).

The timing between the CMA and the EC is again different (now the CMA could be a few weeks ahead).

In any case, if the CMA goes first, April 26th is still the more relevant date.
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And there it is . Gif


Sony is about to move into the reaping stage of the sowing, I wonder how long it takes them to sign a deal
 
Afrikan

Afrikan

Member
Oct 28, 2017
16,986
T0kenAussie said:

View: https://twitter.com/FOSSpatents/status/1636692751524810754?s=19
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Does this mean that EC only asked for Cloud Gaming remedies? Or that Microsoft only wanted to commit on paper to Cloud Gaming remedies to the EC?

Also does this mean on paper to the EC, Microsoft has not committed to remedies regarding native COD versions on Nintendo Switch and Switch 2?

Edit- I just seeing Idas' post now.
 
MaulerX

MaulerX

Member
Oct 30, 2017
2,693
T0kenAussie said:

View: https://twitter.com/FOSSpatents/status/1636692751524810754?s=19
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Idas said:
New report from MLex:

- Microsoft committed to EU regulators last night to make Activision Blizzard's catalog of games, including Call of Duty, available to rival cloud gaming services according to MLex.

- The offer does not include concessions to ease EU concerns over how the takeover might impact Sony's PlayStation or Google's PC operating system, indicating that the EC has narrowed its objections to the deal to focus on cloud gaming.

- The 10-year remedy proposal follows the template of recent deals announced by Microsoft with cloud gaming providers Nvidia, Boosteroid and Ubitus.

- The EC is consulting market players on Microsoft's cloud gaming offer and now it has until May 22 to issue a final decision.


So, the EC didn't drop the cloud gaming concerns. In fact, those are the main ones right now.

That's very interesting because then the CMA and the EC are more aligned than we thought regarding the theories of harm. The main difference would be that the CMA is also concerned about the console market (it looks like both regulators have dropped the concerns about PC OS).

The timing between the CMA and the EC is again different (now the CMA could be a few weeks ahead).

In any case, if the CMA goes first, April 26th is still the more relevant date.
Click to expand...
Click to shrink...



EC only concerned about cloud gaming.

Wow.
 

Ratuso

Member
Nov 27, 2021
1,195
Idas said:
New report from MLex:

- Microsoft committed to EU regulators last night to make Activision Blizzard's catalog of games, including Call of Duty, available to rival cloud gaming services according to MLex.

- The offer does not include concessions to ease EU concerns over how the takeover might impact Sony's PlayStation or Google's PC operating system, indicating that the EC has narrowed its objections to the deal to focus on cloud gaming.

- The 10-year remedy proposal follows the template of recent deals announced by Microsoft with cloud gaming providers Nvidia, Boosteroid and Ubitus.

- The EC is consulting market players on Microsoft's cloud gaming offer and now it has until May 22 to issue a final decision.


So, the EC didn't drop the cloud gaming concerns. In fact, those are the main ones right now.

That's very interesting because then the CMA and the EC are more aligned than we thought regarding the theories of harm. The main difference would be that the CMA is also concerned about the console market (it looks like both regulators have dropped the concerns about PC OS).

The timing between the CMA and the EC is again different (now the CMA could be a few weeks ahead).

In any case, if the CMA goes first, April 26th is still the more relevant date.
Click to expand...
Click to shrink...
This is very interesting. MLex reported that the SO included all theories of harm of Phase 1, so I wonder what happened to go from there to only having Cloud concern. Any thoughts?
 
T0kenAussie

T0kenAussie

Member
Jan 15, 2020
5,100
Afrikan said:
Does this mean that EC only asked for Cloud Gaming remedies? Or that Microsoft only wanted to commit on paper to Cloud Gaming remedies to the EC?

Also does this mean on paper to the EC, Microsoft has not committed to remedies regarding native COD versions on Nintendo Switch and Switch 2?
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EC more concerned about cloud market entrants being foreclosed than console manufacturers it seems

The Nintendo commitment still stands Post close. It's just not part of the official remedy submissions yet
 
The Lord of Cereal

The Lord of Cereal

#REFANTAZIO SWEEP
Member
Jan 9, 2020
9,644
T0kenAussie said:

View: https://twitter.com/FOSSpatents/status/1636692751524810754?s=19
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Obviously Microsoft isn't gonna pull any exclusion fuckery on anything COD but I do wonder if they'll be able to pass without guaranteeing a Sony release and if they do whether they use that as a tool in negotiating with them post closure

Either way it is definitely telling that the EU basically removed its MGS and console gaming concerns, they must have seen right through Sony's play at this point.

I wonder if the CMA will reach a similar conclusion, although they'll probably still require a console access remedy
 

Yoga Flame

Alt-Account
Banned
Sep 8, 2022
1,674
Idas said:
New report from MLex:

- Microsoft committed to EU regulators last night to make Activision Blizzard's catalog of games, including Call of Duty, available to rival cloud gaming services according to MLex.

- The offer does not include concessions to ease EU concerns over how the takeover might impact Sony's PlayStation or Google's PC operating system, indicating that the EC has narrowed its objections to the deal to focus on cloud gaming.

- The 10-year remedy proposal follows the template of recent deals announced by Microsoft with cloud gaming providers Nvidia, Boosteroid and Ubitus.

- The EC is consulting market players on Microsoft's cloud gaming offer and now it has until May 22 to issue a final decision.


So, the EC didn't drop the cloud gaming concerns. In fact, those are the main ones right now.

That's very interesting because then the CMA and the EC are more aligned than we thought regarding the theories of harm. The main difference would be that the CMA is also concerned about the console market (it looks like both regulators have dropped the concerns about PC OS).

The timing between the CMA and the EC is again different (now the CMA could be a few weeks ahead).

In any case, if the CMA goes first, April 26th is still the more relevant date.
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Hah, console concerns aren't a priority. Interesting. But Jim flew so many times to Brussels to make sure it was.

Might have worked with CMA though, so not all lost for Jim.
 
Menchi

Menchi

Member
Oct 28, 2017
3,143
UK
Does it really matter that the EC don't see it as a concern, considering MS have repeatedly stated they want CoD available to as many gamers as possible. If we take them at their word, Sony have absolutely nothing to fear, right?
 
Dingo

Dingo

Member
Jul 19, 2022
776
If the CMA delays their findings im leaning that they will take the behavioral route. But man I just want the final answer to come on april.
 

Ratuso

Member
Nov 27, 2021
1,195
Menchi said:
Does it really matter that the EC don't see it as a concern, considering MS have repeatedly stated they want CoD available to as many gamers as possible. If we take them at their word, Sony have absolutely nothing to fear, right?
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In the case that the CMA accepts access remedies, they will cover the console SLC, so Sony is good, they will get CoD no matter what.
 
T0kenAussie

T0kenAussie

Member
Jan 15, 2020
5,100
Menchi said:
Does it really matter that the EC don't see it as a concern, considering MS have repeatedly stated they want CoD available to as many gamers as possible. If we take them at their word, Sony have absolutely nothing to fear, right?
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They'll keep it there

But if Sony get weird with the exclusive contracts again post close (like the ff7 never on Xbox one) I think satya and Phil will call sie and remind them of there benevolence:)

My comedy brain imagines satya calling Jim like a 20s gangster "nice console ecosystem there, be a shame if it didn't get all the attention of call of duty"
 
Rowsdower

Rowsdower

Prophet of Truth - The Wise Ones
Avenger
Oct 27, 2017
16,571
Canada
So EU is only interested in the cloud gaming parts, interesting. Makes sense for Nvidia and Nintendo then; cloud only versions of COD.

Wonder if MS will still commit to a native version of COD for PlayStation. They have said as much, and it would look bad to go back on it. Of course the CMA might force them to do it anyway if they accept remedies since they cover the console SLC stuff.
 
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