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T0kenAussie

Member
Jan 15, 2020
5,142
I feel like this was a pretty weak line of questioning that doesn't really speak to the true issues regarding Lina Khan's "enforcement" approach.

As she mentioned, sharing information isn't problematic because each jurisdiction still must ultimately enforcement based on the laws that govern said jurisdiction.

Extrajudicially influencing outcomes in foreign jurisdictions, particularly when a matter involves American companies whose practices aren't illegal in America, would be a gigantic abuse of power. But do we really have evidence that this is what's occurring?

Someone should have grilled her about the practice of hiding behind transparently weak legal arguments to stall American companies in administrative court in hopes of winning by attrition.
Yeah I'm wondering how long the process went and who else was asking what as there was a lot of selective editing on the clips

Edit: I found the full hearing listening now


View: https://www.youtube.com/live/1OQ5T9D9jbE?feature=share
 

Sheepinator

Member
Jul 25, 2018
28,167
That's a deadline not the guaranteed day that they announce things.

Friday is when I believe they'll announce, EU in next 2 weeks
Might be worth getting some calls expiring Friday afternoon. The $87.50's are about $0.20. If the CMA approves, the stock probably moves to $90, giving a 10:1 return on those calls.
 
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Idas

Idas

Antitrusting By Keyboard
Member
Mar 20, 2022
2,055
That's a deadline not the guaranteed day that they announce things.

Friday is when I believe they'll announce, EU in next 2 weeks

If MS received the remedies working paper by the end of last week (Thursday or Friday), they legally have 5 working days to answer (Thursday or Friday of this week). There is not enough time to publish the final report after that.

Next week makes more sense for the final report from the CMA.

On the other hand, ABK announced yesterday that they will release financial results for the first quarter of 2023 on April 27th. That means that next week will have:

- On April 25th financial results from MS
- On April 26th final report from the CMA
- On April 27th financial results from ABK
- On April 28th decision from New Zealand

Not bad!
 

arsene_P5

Prophet of Regret
Member
Apr 17, 2020
15,438
It is a reasonable answer to a question that is very skewed to begin with. They are not "siding" with Sony, just because they are scrutinizing the deal and taking further actions, like putting it in their administrative court.
The FTC aren't biased towards Sony and they aren't in anyone pockets. However it's clear to me that Khan has something against the deal, because of her problems with big tech and not because she only looks at the facts. I also think her dodging the question, regardless of the intention of the person stating the question, isn't reasonable or a good look.
 
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T0kenAussie

Member
Jan 15, 2020
5,142
It is a reasonable answer to a question that is very skewed to begin with. They are not "siding" with Sony, just because they are scrutinizing the deal and taking further actions, like putting it in their administrative court.
If we are talking about skewed statements I think we also need to refer to the dubious theories of harm and market definitions that the FTC has been employing to gum up the works of business transactions for ideological reasons
 

DinkyBox

Member
Feb 21, 2021
718
The FTC aren't biased towards Sony and they aren't in anyone pockets. However it's clear to me that Khan has something against the deal, because of her problems with big tech and not because she only looks at the facts. I also think her dodging the question, regardless of the intention of the person stating the question, isn't reasonable or a good look.

Yeah, I am not saying anything about that. I am just stating that the question she got was nonsense and she answered it reasonably. People can dislike Khan how much they want, but at least do it when it is reasonable :P.

If we are talking about skewed statements I think we also need to refer to the dubious theories of harm and market definitions that the FTC has been employing to gum up the works of business transactions for ideological reasons

What does that have with the answer to the question she got?
 

arsene_P5

Prophet of Regret
Member
Apr 17, 2020
15,438
If MS received the remedies working paper by the end of last week (Thursday or Friday), they legally have 5 working days to answer (Thursday or Friday of this week). There is not enough time to publish the final report after that.

Next week makes more sense for the final report from the CMA.

On the other hand, ABK announced yesterday that they will release financial results for the first quarter of 2023 on April 27th. That means that next week will have:

- On April 25th financial results from MS
- On April 26th final report from the CMA
- On April 27th financial results from ABK
- On April 28th decision from New Zealand

Not bad!
I just want to thanks you once more for the knowledge you shared and the timelines you provided. This is a learning process for a lot of us and your contributions were very valuable to me.
 
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Idas

Idas

Antitrusting By Keyboard
Member
Mar 20, 2022
2,055
www.equityreport.co.uk

“Exceptional” CMA move aims to mitigate appeal risk in Microsoft/Activision Blizzard merger, say lawyers

As a 26 April deadline for the UK’s Competition and Markets Authority (CMA) to rule on the Microsoft/Activision Blizzard merger approaches, with a source involved in the process expecting the watchdog to issue its final … “Exceptional” CMA move aims to mitigate appeal risk in...

- Final report coming on April 26th or the day before.

- The addendum to the PF, something "exceptional" and "very unusual", was probably done to mitigate the risk of a third party (Sony) questioning the final decision. The CMA could have just dropped the theory of harm but without a detailed explanation about the change, that could have opened the door to a complaint about procedural irregularities.

- One lawyer expects the CMA to impose behavioural remedies.

- The same lawyer believes that an appeal by Sony is unlikely to succeed.
 

pswii60

Member
Oct 27, 2017
26,732
The Milky Way
- Final report coming on April 26th or the day before.

- The addendum to the PF, something "exceptional" and "very unusual", was probably done to mitigate the risk of a third party (Sony) questioning the final decision. The CMA could have just dropped the theory of harm but without a detailed explanation about the change, that could have opened the door to a complaint about procedural irregularities.

- One lawyer expects the CMA to impose behavioural remedies.

- The same lawyer believes that an appeal by Sony is unlikely to succeed.
If Sony were to launch an appeal, could that delay MS' closure of the deal?
 

reksveks

Member
May 17, 2022
3,495
If Sony were to launch an appeal, could that delay MS' closure of the deal?
Obviously I am not Idas but from previous comments, not really. The deal wouldn't be prevented from closing but it does make the timings even more complicated cause the appeal will complete it's process after the EC decision.
 

Sheepinator

Member
Jul 25, 2018
28,167
- Final report coming on April 26th or the day before.

- The addendum to the PF, something "exceptional" and "very unusual", was probably done to mitigate the risk of a third party (Sony) questioning the final decision. The CMA could have just dropped the theory of harm but without a detailed explanation about the change, that could have opened the door to a complaint about procedural irregularities.

- One lawyer expects the CMA to impose behavioural remedies.

- The same lawyer believes that an appeal by Sony is unlikely to succeed.
Do we know the rumored appeal mitigation doesn't refer to MS?
 

Corrik

Alt Account
Banned
Aug 5, 2022
1,124
Obviously I am Idas but from previous comments, not really. The deal wouldn't be prevented from closing but it does make the timings even more complicated cause the appeal will complete it's process after the EC decision.
I am pretty sure the appeal wouldn't affect anything else, and no it would not prevent it from closing. In theory if the appeal won, they would redo the process again with the appealed verdict for whatever was successfully argued (misuse of something or another) while the deal likely already closed.

If they did the whole process again and decided to block it, then Microsoft and ABK would have to unwind. However, it's a basically nonexistent scenario. Sony isn't going to appeal anyways either.
 

Bradbatross

Member
Mar 17, 2018
14,297
- Final report coming on April 26th or the day before.

- The addendum to the PF, something "exceptional" and "very unusual", was probably done to mitigate the risk of a third party (Sony) questioning the final decision. The CMA could have just dropped the theory of harm but without a detailed explanation about the change, that could have opened the door to a complaint about procedural irregularities.

- One lawyer expects the CMA to impose behavioural remedies.

- The same lawyer believes that an appeal by Sony is unlikely to succeed.
Nice, finally some new info. Sounds like it's getting approved.
 
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Idas

Idas

Antitrusting By Keyboard
Member
Mar 20, 2022
2,055

ParityBit

Member
Oct 25, 2017
3,618
Time for this to close and for us to move on!

I am so excited to have ABK on my XSX Gamepass and all the benefits from that. (i.e. day one releases of all these games going forward and backlog)
 

The Lord of Cereal

#REFANTAZIO SWEEP
Member
Jan 9, 2020
9,836
- Final report coming on April 26th or the day before.

- The addendum to the PF, something "exceptional" and "very unusual", was probably done to mitigate the risk of a third party (Sony) questioning the final decision. The CMA could have just dropped the theory of harm but without a detailed explanation about the change, that could have opened the door to a complaint about procedural irregularities.

- One lawyer expects the CMA to impose behavioural remedies.

- The same lawyer believes that an appeal by Sony is unlikely to succeed.
Sounds to me that the CMA is preparing to go for behavioral remedies… nice
 

Casa

Member
Oct 25, 2017
9,689
"One lawyer expects the CMA to impose behavioral remedies."

I initially read that as they would OPPOSE behavioral remedies and was like "ah, shit, here we go again." 🤣
 
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Idas

Idas

Antitrusting By Keyboard
Member
Mar 20, 2022
2,055
MS wouldn't appeal that a theory of harm has been dropped :P

Idas, does MS need the SAMR approval to close the merger? It seems that they are being slower than expected due to geopolitcs. I think they paused an Intel investigation recently

They need the CMA, EC, SAMR and the FTC to properly close.

One way or another, the CMA, EC and SAMR will be very likely done during May.

For the FTC, I think that the timing of the CMA and the EC is more relevant because MS will offer the FTC any remedies that could have been accepted by both regulators. So, if by early May the EC and CMA have approved the deal, MS could start talking with the FTC about a possible agreement.

SAMR is likely a matter of time. I would expect a decision in late May or maybe early June, if there is an extra delay.
 

GulfCoastZilla

Shinra Employee
Banned
Sep 13, 2022
6,853
They need the CMA, EC, SAMR and the FTC to properly close.

One way or another, the CMA, EC and SAMR will be very likely done during May.

For the FTC, I think that the timing of the CMA and the EC is more relevant because MS will offer the FTC any remedies that could have been accepted by both regulators. So, if by early May the EC and CMA have approved the deal, MS could start talking with the FTC about a possible agreement.

SAMR is likely a matter of time. I would expect a decision in late May or maybe early June, if there is an extra delay.
Yeah but isn't FTC in the "we don't even want to talk to you we just want to block" stance at the moment. Or is that just a stance they can take like back in December but now actually have to negotiate
 

Bengraven

Powered by Friendship™
Member
Oct 26, 2017
27,126
Florida
Sorry i didn't want to be spoiled ! Maybe someone else Can answer hahaha 😂

Gonna spoil it for you then - World of Warcraft MAY be coming to Gamepass. See? You should have read the manga like all of us years ago.

(I was making a joke response to the AOT reference but I promise my spoiler wasn't an AOT spoiler lol)
 

vixolus

Prophet of Truth
Member
Sep 22, 2020
55,992
Sees an Idas post containing a law analysis webpage link and summary:
R.fb9f1d67a391e1e6eb71b0274b17d704


It contains basically nothing new or interesting from these commentators:
fighting-smiley.png
 

craven68

Member
Jun 20, 2018
4,566
Gonna spoil it for you then - World of Warcraft MAY be coming to Gamepass. See? You should have read the manga like all of us years ago.

(I was making a joke response to the AOT reference but I promise my spoiler wasn't an AOT spoiler lol)
Hahaha damn! Such a crazy ending !

Don't worry i know and i read it already since it released hahaha ( i m talking about aot x) )