• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

Microsoft / Activision Deal Approval Watch |OT| (MS/ABK close)

Do you believe the deal will be approved?


  • Total voters
    886
  • Poll closed .
Status
Not open for further replies.

knocksky

Banned
Anyone as long as they're not an existing console vendor with a recent history of making previously third party games exclusive? It's not as hard as you're making it out to be.
Not making it out to be anything. What's with the hostility on here? I've not seen the divestment part discussed much. I was wondering what people were thinking.

I personally think that it will come down to tencent or take 2
 
Again.

MS is making Singleplayer games exclusive. The same type games Sony already Excels in and MS is weak in.

MS is NOT taking existing MULTIPLAYER focused games and making them exclusive. Just look at Minecraft as an example.

New IP like Redfall or whatever that don't already have an audience on Playstation will be more than likely exclusive.

They're making both single player games and multiplayer games exclusive. Your criteria of an existing user base is a load of bullshit.

The single Minecraft use case is not a good example. It never was and never will be.
 
Last edited:

.Pennywise

Banned
Sony has accused Microsoft of "obvious harassment" as the battle for Activision Blizzard heated up this week.

As reported by Axios Axios, Microsoft wanted to see files on Sony executives, including performance reviews, as part of the "discovery" phase of this particularly bitter legal battle with the US' Federal Trade Commission (FTC) over Microsoft's proposed $69bn buyout of Activision Blizzard.

In a motion filed to the court, Sony issued strong words in response: "Microsoft's demand for performance reviews for SIE's leadership is obvious harassment."

So Sony don't want to show the receipts and now plays the victim in order to hide proof that could lead to ActiBlizz acquisition being approved.

More at the source:
 
Last edited:

DeepEnigma

Gold Member
So Sony don't want to show the receipts and now plays the victim in order to hide proof that could lead to ActiBlizz acquisition being approved.

More at the source:
Sony's literally behaving like a bunch of spoiled children in this. Goodness gracious.
This is normal when it comes to trials. WTF are you on about?

But I see the media curation is in full swing.
 
Last edited:

DeepEnigma

Gold Member
What is wrong with you guys? Read what I'm saying. MS increasing marketshare is not DESTROYING sony. Even if Playstation dropped to last place (which would never happen) your precious Playstation would still be around and profitable.
Increasing at the expense of a hostile decrease of the competition. Something they projected onto Sony not that long ago in the media.
 

adamsapple

Or is it just one of Phil's balls in my throat?
Apple your post disappeared because I willed it



Pondering Anthony Anderson GIF by BET
 

DForce

NaughtyDog Defense Force
What is wrong with you guys? Read what I'm saying. MS increasing marketshare is not DESTROYING sony. Even if Playstation dropped to last place (which would never happen) your precious Playstation would still be around and profitable.
You're saying a lot of shit that doesn't make any sense and you want to know what's wrong with us?

The main goal is to ALWAYS be better than the competition. If either Microsoft or Sony saw an opportunity to put their competitor out of the market, then they would go for it.

You're telling us Microsoft wants to improve their 3rd place position. lol Now that's dumb.

They're not this big friendly tech giant that wants all three major gaming companies to co-exist in the market.
 

BeardGawd

Banned
You're saying a lot of shit that doesn't make any sense and you want to know what's wrong with us?

The main goal is to ALWAYS be better than the competition. If either Microsoft or Sony saw an opportunity to put their competitor out of the market, then they would go for it.

You're telling us Microsoft wants to improve their 3rd place position. lol Now that's dumb.

They're not this big friendly tech giant that wants all three major gaming companies to co-exist in the market.
Well quit replying to me if I don't make sense and save us both the trouble.
 

feynoob

Member
Topher Topher If you want to blow some steam, here is something for you.

Dont have a nightmare though. Been busy with these type of games, especially on my phone. Its why I am not here these days.

Also that steam review.
RECENT REVIEWS: Overwhelmingly Positive (654)
ALL REVIEWS: Overwhelmingly Positive (16,419)
Stick Around Bob Ross GIF by Originals
 
Last edited:

Sanepar

Member
What is wrong with you guys? Read what I'm saying. MS increasing marketshare is not DESTROYING sony. Even if Playstation dropped to last place (which would never happen) your precious Playstation would still be around and profitable.
Precious playstation... lol and xbox is what for u?
 
Really? If they were so "supreme" why did they invest so heavy on a title they don't own instead of making their own FPS that could compete with CoD, Halo, and other super successful FPS in today's market? Why can't they offer day one games on PS+ when they've had their own subscription service much longer than Xbox? It's only been about 25ish years?? Genuine questions here...

Like, as the dominant market leader, one would think they'd have all the pieces needed to compete on all these fronts. Just offering another perspective.

Also, why don't they have their own cloud infrastructure after this long? They watched Microsoft and other companies build their from scratch - ground zero. They had to know years ago that cloud was going to be a big deal. At least a moderately big deal. They had at least a modicum of an idea that subscription services were going to be super successful, they started PS+ long ago, even before Xbox.

🤣 Imagine trying to put Halo into the same league as COD in 2023. Why do you think Microsoft is trying to buy ABK? To get full ownership of COD (among other things), because they have reduced Halo into an irrelevant meme. So apparently it is way harder to make a COD competitor than one'd think because not only have Sony chosen instead to invest in marketing deals with COD itself, Microsoft have failed to make Halo relevant and feel they need COD in order to compete.

By your logic Sony should have a Mario-killer platformer franchise, too, but they don't. Being the dominant market leader means they've done the best to maintain brand power, quality output, mass-appealing exclusives, marketing, optics, and iterating on their strengths with gamers & devs compared to the others. It doesn't mean they have a 1P offering in every genre under the sun that goes toe-to-toe with the absolute biggest games in the industry.

That's ridiculous. And Sony do have their own cloud infrastructure, it's just not as big as Microsoft's, Amazon's or Google's? Why would it be? Those other companies are deeply in big business data & computing markets, they have more reasons to invest in cloud than Sony who "just" have PlayStation consoles as the main reason. Also those companies built their cloud off of near monopolies in key markets (Windows for MS, web searches & advertising (& Youtube acquisition) for Google, online shopping for Amazon) that got them WAY more money than PlayStation did for Sony. Don't forget also, PS3 burned through all of Sony's prior gaming profits, and the company was facing bankruptcy during that era.

They literally could not have afforded to dump billions in investment (and absorbing losses) on cloud, nor did they have a reason to go as hard into that as the others because they don't operate in the same fields.

Not really... Sony will never been able to afford to outbid Microsoft after this on anything that Microsoft knows about and would like to strike a deal on. They just showed the entire world they don't give two shits about what a third party partner wants, only what they want themselves. Activision WANTS to be purchased by Microsoft at this point and Sony is doing its best to screw them over regardless of the outcome of their relationship with Acti or even other publishers watching this whole thing go down. Idiotic move from Sony, they should have worked good faith deals with Microsoft to get as much content on their console as possible rather than trying to drag everyone through the mud wasting everyone's time and money. The deal may or may not go through, but it won't have a positive effect on the Playstation platform moving forward that's for sure.

It's not just about who's got the fattest $ick to throw around in the club. 3P publishers expect actual returns from these marketing deals. They see the sales and accolade success Sony's exclusives generate and go "we want to replicate that". They want their games to gain lots of cultural mindshare in addition to generating revenue so the company can profit.

For some publishers, if MS offers up way more money for a marketing deal, they may in fact get the marketing deal. For others, they'd balance the money being offered alongside other needs and wants, some of which Sony may be better suited to provide than Microsoft. The fact is Microsoft had plenty of chances last gen to outbid Sony on marketing rights and exclusivity deals, but didn't because they simply couldn't be asked to care. Their $69 billion for ABK is in large part about having absolute control over the content; do people really thing MS are going to just turn that $69 billion around solely for locking down 3P deals when they weren't willing to pay even a fraction of that a few short years ago? For what ultimately amounts to timed deals where they can't exude absolute control?

I don't think so. Now ABK could be a case where they do go off pettiness and just roll with MS on COD marketing to spite Sony, but they still want something out of it. They're going to charge Microsoft A LOT to get those rights or rights for other ABK games alongside it, because they were this close to getting $69 billion and lost. That may increase the price for Sony, but if ABK's board & Kotick are too greedy, MS may not even want to pursue at that price. Meaning less money for ABK, and larger risk because MS is the one with the clearly less popular console brand.

Meaning even after the proceedings are done and by some chance the deal falls apart, Sony have more leverage with ABK that you might initially consider.
 
Last edited:

Eotheod

Member
Man, I'd love to have what everyone else is smoking to think Call of Duty, the most derivative fucking FPS game to ever exist, is so damn essential to purchasing choice. That is some sad existence to put one sole game's availability as the reason for your console choice. But hey, people are free to play games that require bare minimum thinking skills 🤷

I'm just more curious as to how much weight the regulators are putting on the IP, that it is quite clearly the breaking point of allowing this merger. Games Industry clearly can't survive without this one title being open to all, despite Nintendo doing perfectly fine without it for a few years now. Madness.
 
Man, I'd love to have what everyone else is smoking to think Call of Duty, the most derivative fucking FPS game to ever exist, is so damn essential to purchasing choice. That is some sad existence to put one sole game's availability as the reason for your console choice. But hey, people are free to play games that require bare minimum thinking skills 🤷

I'm just more curious as to how much weight the regulators are putting on the IP, that it is quite clearly the breaking point of allowing this merger. Games Industry clearly can't survive without this one title being open to all, despite Nintendo doing perfectly fine without it for a few years now. Madness.

I'm smoking the NPD charts
 
Something i never understand. If microsoft doesn't care about console sales and want to make games available to all audience. Why not become a publisher only?
While Phil Spencer has claimed, and some of his cronies within MS do believe that the Xbox business model is now firmly 'beyond console sales', the truth is not at all agreeable with that assessment.

Last analyst I have seen do an audience breakdown on Gamepass pegs the split between console users vs. PC users, somewhere above 85-91% being on console. This means that the current growth rate of GP is almost intrinsically and nearly exclusively tied to console sales.

There are a few problems with this market reality for MS though. For starters, Phil Spencer as of a few months ago has gone on record saying that they are nearly at their internally estimated growth ceiling for GP on console; this means they are nearing the estimated amount of maximum users that they feel they can sell GP to in the console space. What this effectively translates to is that, in order to continue growing GP, they need to continue growing their console sales. The issue with that goal, however, is that the last 3 months, which include a holiday season of all things, are indicating that console demand for Xbox HW in MS' two strongest markets (NA & UK) is dropping and drastically. This means that, unless MS does something to pick up console sales and quick, they find themselves in quite the pickle.

This is why i'm changing my current prediction on how MS will handle the CMA on ATVI. I fully believe, given the above paragraph, that MS will now try and divest CoD and accept the CMA's structural remedies. For MS/Xbox's current business plan to work, they need a growth platform in order to enable that, and fast. Enter: Battle.Net. Its MAU and storefront is a very attractive prospect for further enabling PC GP growth, and would be a fantastic growth opportunity towards their immediate goals. What I anticipate is that MS will agree on structural remedies, with the concession that the only storefront on PC that CoD and all CoD in-game purchases must go through Battle.Net, thus ensuring that the home of CoD on PC continues to be Battle.Net, and allows them to convert a % of Battle.Net PC users into GP sub users.
 

Unknown?

Member
MS has only made Single Player games exclusive. The same type games Sony Excels in and MS is weak in.

MS is not taking existing MULTIPLAYER focused games and making them exclusive. Just look at Minecraft as an example.
Come back to me when they make a new multiplayer game then. Minecraft was already on other systems when acquired and I said before MS has a history of this. Look at Skype, it was allowed to be used on PSP after the acquisition due to already being on it. Vita didn't have it because they weren't allowed to use it on new contracts.
 

reksveks

Member
Again, not 100% sure, but what I understand/recall is that MS will first have to agree (by signing off with shareholders) and then accept the divestiture deal by the CMA.

Activision will also have to get the sign-off from their shareholders. If either set of shareholders doesn't agree, the deal can't go through. It'd be like shareholders never agreed about the acquisition.

If anybody has more concrete information about this and I'm wrong about this, please correct me.

Maybe R reksveks R reksveks has more info on that front. I was under the impression that even with divestiture MS still has to pay the agreed-upon $95/share price. Which I can see MS shareholders potentially being against, but ABK shareholders probably not caring; they're still getting their money as agreed to.

That's why I'm thinking if MS go with divestiture they're going to fight hard to still retain partial ownership of the divested assets, and rather they operate as an independent company vs. selling them to another publisher. Both of which are things I feel they should be able to get through divestiture, IMHO. Guess we'll see how it goes.

Yeah not 100% sure but I think the process will be MS pays out the 95 usd per share and then divest. ABK shareholders will be irrelevant to the process as their shares are getting completely bought out.

Shortening Activision to A.

Some of the interesting questions will be:
- around the $9-12bn cash that ABK have and how much goes with A, how much stays with MS (this will be related to the viability and selling of A but there isn't anything fix here afaik)
- how much would be MS taking a wash on selling A vs the 3bn fee. If you are going to be losing 3bn via cancelling vs losing 6bn (calculating of A as a business will be interesting) via selling A but getting to keep 3bn in cash, how does that impact your calculus?

Also fuck VAR and I am a VAR Supporter but incompetency all over the country today.
 
Last edited:

reksveks

Member
Last edited:

Banjo64

cumsessed
Nope, the source is the same proposed motion that hasn't been signed.
Can it not have been signed today?

As a result, FTC Administrative Law Judge D. Michael Chappell has granted the motion to limit or quash the subpoena as outlined in Sony's filing.

Chappell has clearly ordered that the subpoena is limited to seven custodians and that "no predecessor custodians shall be required," alongside a date range from 2019 - 2023.

Microsoft's request for leadership reviews has also been nixed.

Read more:
https://www.tweaktown.com/news/90314/ftc-grants-sonys-request-to-limit-scope-of-microsoft-subpoena/index.html
 

mansoor1980

Gold Member
Sony defends against Microsoft's claims by asserting a few important details. Sony says that Microsoft's subpoena is "truly massive" and could cost up to $2 million to fulfill. Microsoft has made requests for 120 separate documents, including 52 defined terms and 21 instructions. Sony says that Microsoft is demanding documents "related to nearly all aspects of SIE's business, as well as extensive sets of sales, financial, and personal user data (e.g. user date of birth, country, gender, for likely millions of users).
Some of these requests, Sony says, require data that goes back to 11 years ago.

Microsoft had previously said that Sony was taking a while to collect the documents from custodians, or executives that have access to key files from the Sony Interactive Entertainment sector. In the filing, Sony clarifies that it has agreed to submit files from seven custodians including Jim Ryan, Hermen Hulst, Eric Lempel, Nick Maguire, Veronica Rogers, Phil Rosenberg, and Christian Svensson.

The Seven Custodians are SIE's Chief Executive Officer (Ryan), Head of Play Station Studios (Hulst), SVP of Worldwide Marketing (Lempel), VP Global Head of Subscriptions (Maguire), SVP of Global Sales and Business Operations (Rogers), SVP Head of Global Partner Development (Rosenberg), and VP Head of Global Third Party Relations (Svensson). The Seven Custodians have a high volume of documents, and collecting, processing, reviewing, and producing from the Seven Custodians will be burdensome,

Microsoft wants documents from specific predecessors, though. One interesting claim is that Microsoft "threatened" to demand files from other executives, PlayStation CFO Lin Tao and Hideaki Nishino, who has close access to Sony's hardware unit--if Sony moved to quash--another word for settle or close--specific parts of the subpoena.

Furthermore, Sony says that it is willing to provide information and documents as far back as 2019, which is "further back in time than an ordinary Second Request."

Sony also says that the definitions outlined in the subpoenas are "overly broad, unduly burdensome and vague."

Perhaps one of the most interesting aspects of Sony's motion is the assertion that "Microsoft's demands for performance reviews of SIE's leadership is obvious harassment."
 

feynoob

Member
Yeah not 100% sure but I think the process will be MS pays out the 95 usd per share and then divest. ABK shareholders will be irrelevant to the process as their shares are getting completely bought out.

Shortening Activision to A.

Some of the interesting questions will be:
- around the $9-12bn cash that ABK have and how much goes with A, how much stays with MS (this will be related to the viability and selling of A but there isn't anything fix here afaik)
- how much would be MS taking a wash on selling A vs the 3bn fee. If you are going to be losing 3bn via cancelling vs losing 6bn (calculating of A as a business will be interesting) via selling A but getting to keep 3bn in cash, how does that impact your calculus?

Also fuck VAR and I am a VAR Supporter but incompetency all over the country today.
Wouldn't that mean MS walking out on this deal?
Losing Activision is huge for them.
 

Eotheod

Member
I'm smoking the NPD charts

You can't be serious
I very much get that, sales don't lie in showing it has a pull. I just don't really see the actual feverish appeal that should dictate deciding on whether a merger is appropriate. The games industry is incredibly versatile, with the ability to have a one man dev team strike gold to a 200 strong team crash and burn. One game does not define the industry, yet apparently it does?

I dunno, I'm just old I guess and don't see the appeal of holding one title above all others. I mean, Nintendo hasn't had CoD for how long and is doing perfectly fine?
 

reksveks

Member
Can it not have been signed today?

As a result, FTC Administrative Law Judge D. Michael Chappell has granted the motion to limit or quash the subpoena as outlined in Sony's filing.

Chappell has clearly ordered that the subpoena is limited to seven custodians and that "no predecessor custodians shall be required," alongside a date range from 2019 - 2023.

Microsoft's request for leadership reviews has also been nixed.

Read more:
https://www.tweaktown.com/news/90314/ftc-grants-sonys-request-to-limit-scope-of-microsoft-subpoena/index.html

Latest document uploaded that we know of at 11:57pm 11th Feb was still the one on the 9th

https://www.ftc.gov/legal-library/b...s/2210077-microsoftactivision-blizzard-matter

It's the same filing he is referring to.
 

DeepEnigma

Gold Member
Sony defends against Microsoft's claims by asserting a few important details. Sony says that Microsoft's subpoena is "truly massive" and could cost up to $2 million to fulfill. Microsoft has made requests for 120 separate documents, including 52 defined terms and 21 instructions. Sony says that Microsoft is demanding documents "related to nearly all aspects of SIE's business, as well as extensive sets of sales, financial, and personal user data (e.g. user date of birth, country, gender, for likely millions of users).
Some of these requests, Sony says, require data that goes back to 11 years ago.

Microsoft had previously said that Sony was taking a while to collect the documents from custodians, or executives that have access to key files from the Sony Interactive Entertainment sector. In the filing, Sony clarifies that it has agreed to submit files from seven custodians including Jim Ryan, Hermen Hulst, Eric Lempel, Nick Maguire, Veronica Rogers, Phil Rosenberg, and Christian Svensson.

The Seven Custodians are SIE's Chief Executive Officer (Ryan), Head of Play Station Studios (Hulst), SVP of Worldwide Marketing (Lempel), VP Global Head of Subscriptions (Maguire), SVP of Global Sales and Business Operations (Rogers), SVP Head of Global Partner Development (Rosenberg), and VP Head of Global Third Party Relations (Svensson). The Seven Custodians have a high volume of documents, and collecting, processing, reviewing, and producing from the Seven Custodians will be burdensome,

Microsoft wants documents from specific predecessors, though. One interesting claim is that Microsoft "threatened" to demand files from other executives, PlayStation CFO Lin Tao and Hideaki Nishino, who has close access to Sony's hardware unit--if Sony moved to quash--another word for settle or close--specific parts of the subpoena.

Furthermore, Sony says that it is willing to provide information and documents as far back as 2019, which is "further back in time than an ordinary Second Request."

Sony also says that the definitions outlined in the subpoenas are "overly broad, unduly burdensome and vague."

Perhaps one of the most interesting aspects of Sony's motion is the assertion that "Microsoft's demands for performance reviews of SIE's leadership is obvious harassment."
Doesn’t sound like they’re being childish Abriael_GN Abriael_GN like the hit piece is trying to paint the picture as. Sounds like one is trying to overreach.
 
Last edited:

Yoboman

Member
Again.

MS is making Singleplayer games exclusive. The same type games Sony already Excels in and MS is weak in.

MS is NOT taking existing MULTIPLAYER focused games and making them exclusive. Just look at Minecraft as an example.

New IP like Redfall or whatever that don't already have an audience on Playstation will be more than likely exclusive.
Bethesda have only made 3 multiplayer games out of 25 since 2015. Amazing how the criteria you talk about just happens to perfectly align to the games that Bethesda release, and have in the pipeline post acquisition

While we are creating criteria that is only to make MS look like they arent taking everything they can exclusive, maybe we can say all racing simulators, rhythm games and 2D fighters that Bethesda release will be multiplatform as well?
 
Last edited:

Varteras

Gold Member
Kmpa7AR.jpg

That's my page 13, unsigned and undated.

Mines might be cached so if you have a screenshot, would be good to see.
Page 12 says it is granted and ordered. I don't know what kind of signature we are looking for beyond the judges name being attached to the motion being granted. It is not dated. That much is true. My question becomes why would the files say GRANTED and ORDERED if neither are true?
 

reksveks

Member
Page 12 says it is granted and ordered. I don't know what kind of signature we are looking for beyond the judges name being attached to the motion being granted. It is not dated. That much is true. My question becomes why would the files say GRANTED and ORDERED if neither are true?
Have a look at page 8 in MS filings on the 7th.

https://www.ftc.gov/system/files/ft...f-time-to-move-to-limit-or-quash-subpoena.pdf

Very similar wording. Both are just pages that each companies lawyers have filled to make the judges "life easier".
 

laynelane

Member
Sony defends against Microsoft's claims by asserting a few important details. Sony says that Microsoft's subpoena is "truly massive" and could cost up to $2 million to fulfill. Microsoft has made requests for 120 separate documents, including 52 defined terms and 21 instructions. Sony says that Microsoft is demanding documents "related to nearly all aspects of SIE's business, as well as extensive sets of sales, financial, and personal user data (e.g. user date of birth, country, gender, for likely millions of users).
Some of these requests, Sony says, require data that goes back to 11 years ago.

Microsoft had previously said that Sony was taking a while to collect the documents from custodians, or executives that have access to key files from the Sony Interactive Entertainment sector. In the filing, Sony clarifies that it has agreed to submit files from seven custodians including Jim Ryan, Hermen Hulst, Eric Lempel, Nick Maguire, Veronica Rogers, Phil Rosenberg, and Christian Svensson.

The Seven Custodians are SIE's Chief Executive Officer (Ryan), Head of Play Station Studios (Hulst), SVP of Worldwide Marketing (Lempel), VP Global Head of Subscriptions (Maguire), SVP of Global Sales and Business Operations (Rogers), SVP Head of Global Partner Development (Rosenberg), and VP Head of Global Third Party Relations (Svensson). The Seven Custodians have a high volume of documents, and collecting, processing, reviewing, and producing from the Seven Custodians will be burdensome,

Microsoft wants documents from specific predecessors, though. One interesting claim is that Microsoft "threatened" to demand files from other executives, PlayStation CFO Lin Tao and Hideaki Nishino, who has close access to Sony's hardware unit--if Sony moved to quash--another word for settle or close--specific parts of the subpoena.

Furthermore, Sony says that it is willing to provide information and documents as far back as 2019, which is "further back in time than an ordinary Second Request."

Sony also says that the definitions outlined in the subpoenas are "overly broad, unduly burdensome and vague."

Perhaps one of the most interesting aspects of Sony's motion is the assertion that "Microsoft's demands for performance reviews of SIE's leadership is obvious harassment."

Microsoft wants documents from specific predecessors, though. One interesting claim is that Microsoft "threatened" to demand files from other executives, PlayStation CFO Lin Tao and Hideaki Nishino, who has close access to Sony's hardware unit--if Sony moved to quash--another word for settle or close--specific parts of the subpoena.

L7DBtp4.gif


If that's true, I wonder if they have proof of it.
 
Last edited:
Status
Not open for further replies.
Top Bottom