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

Do you believe the deal will be approved?


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    886
  • Poll closed .
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splattered

Member
And he's back...

Jimmy Fallon Comedy GIF by The Tonight Show Starring Jimmy Fallon

I never said i was leaving haha i just said i'm ready to get off this ride. It's too much of a distraction for both Sony and MS at this point. Phil's legacy is going to be trying to bring games to everyone with a smart phone while Jim's legacy is going to be trying to keep games away from Xbox. haha
 

Topher

Gold Member
Sage used to pull the same deal before he got permed.

Joe Biden GIF by Election 2020


Don't compare my man splattered splattered to senshitsu, bro. He may lean green, but he's no baptized disciple of all things Microsoft like shit-sage. Just sayin...

I never said i was leaving haha i just said i'm ready to get off this ride. It's too much of a distraction for both Sony and MS at this point. Phil's legacy is going to be trying to bring games to everyone with a smart phone while Jim's legacy is going to be trying to keep games away from Xbox. haha

I'm just giving you shit man. :messenger_tears_of_joy:
 
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Three

Member
Yeah, but that's very subjective and going to be extremely hard to nail down in, especially in court.
That's true but it's possible to compare MS revenue from MGS vs their B2P as a publisher.

This, it's not a separate market to B2P.
Yeah but that's exactly where the EC has decided there is no competition concerns and where there is no behavioural remedies. B2P and MGS. I suspect because the market situation is different in the EU from that of the UK.
That would be a license to the consumer, right?
Both. Consumer for B2P and service provider for MGS service.

Microsoft doesn't have to enable games on other MGS subscription services, that's true but that's not very different to the status quo.
There is no such thing as the status quo. I'd argue in the video games industry there never has been with the way new sources of revenue and audiences have always changed over the years. The industry is currently in a transition to services and GaaP. A transition that MS are trying to capitalise on and dominate. Instead of Activision doing what the likes of EA, Ubisoft and in part TakeTwo (recently acquiring gameclub) did independently, they sought business opportunities with a platform player to ride this transition out with them.

That's normal but you do have the option to use your game pass subscription on other cloud providers to get ABK games. The EU thinks that's an improvement for consumers and companies apposed to the alternative.
I can see their reasoning. They believe that they are helping cloud gaming by making something happen that wouldn't have happened otherwise. I just don't think it will play out that well. Cloud gaming could take off with Activision being independent and Activisions refusal to allow cloud or subscription gaming with their game license would be what's actually irrational. Why wouldn't they have wanted to support cloud if it meant greater reach for mtx and battlepass? Lost sales is understandable but if MGS and B2P are the same market and MGS is 'good for consumers' in price then you would have seen increased competition for Activision and COD instead if they adamantly refused.

As you said, you wouldn't need to buy another license for 70-80 if the cloud provider has taken up the free license.
When you say free license you mean from providers who MS approached for an agreement to stream from MS' store or MS' MGS service? All the cloud providers and users would have become MS customers instead.
 
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Not sure what that's referring to. I was talking about his whole " I'm leaving " only to post again a few minutes later.

Oh I understood you wrong.

He made a comment how was was going to be an adult regardless of the CMAs decision. Then he had a tantrum that led to his ban.

They're appealing it of course, but still. Very surprised. I don't think CMA wins an appeal on this specific matter, but that's me. As I always said, I'd be a big boy about the whole thing.
 
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reksveks

Member
There is no such thing as the status quo. I'd argue in the video games industry there never has been with the way new sources of revenue and audiences have always changed over the years
Regulator do however look at what's currently the "status quo" as well as what's likely to happen otherwise you cant make decisions.

I can see their reasoning. They believe that they are helping cloud gaming by making something happen that wouldn't have happened otherwise. I just don't think it will play out that well. Cloud gaming could take off with Activision being independent and Activisions refusal to allow cloud or subscription gaming with their game license would be what's actually irrational. Why wouldn't they have wanted to support cloud if it meant greater reach for mtx and battlepass?

ABK does seem to want to get paid for it or have some other aversion to it. I think one reason is that they believe the reach is incremental and not worth the hassle unless you are getting paid.

When you say free license you mean from providers who MS approached for an agreement to stream from MS' store or MS' MGS service? All the cloud providers and users would have become MS customers instead.
As far as I read the remedies, you could buy it from PS and get a license for PS premium if PS wanted it to happen. Also any providers are free to ignore or request the free license. The interesting thing would be if MS is committed in anyway to support Steam/PS in terms of selling the game.

Yeah but that's exactly where the EC has decided there is no competition concerns and where there is no behavioural remedies. B2P and MGS. I suspect because the market situation is different in the EU from that of the UK.
Both iirc didn't ultimately split MGS from B2P for console distribution (need to check cloud). Both came to very much the same conclusion which was that it didn't make sense for MS to pull ABK from PS.
 

reinking

Gold Member
F-Me. I get busy at work for a few days and miss the PlayStation drama. Now I am missing this too. I need to speak to my boss about requiring more Google/Gaf time.
 

Ogbert

Member
I’ve had a read through the appeal application.

It’s actually quite hard to work out what they’re contesting in Grounds 2 to 5, without seeing the detail. Regardless, I can’t see MS getting much luck with these claims as they are making assertions over the CMA’s judgement. That is very difficult to reverse.

But Ground 1 is different. It is substantive and is challenging a point of fact. I have no idea if MS’ position has legs, but it is a valid avenue of appeal. It’s also the easiest ‘out’ for the CMA, should that be their position, in that they can reassess based on a new, ‘updated’ definition of the cloud market.
 
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X-Wing

Member
I didn't read it yet. But Microsoft claims that cloud gaming and console gaming are one and the same market?
I find that hard to justify.
 

Ogbert

Member
I didn't read it yet. But Microsoft claims that cloud gaming and console gaming are one and the same market?
I find that hard to justify.
Happy to be corrected, but I think their argument is that cloud gaming is simply a mechanism for accessing your gaming library, rather than a wholly unique type of gaming that can only be played that way and that way *alone* (like, for example, VR).

So their point is that it’s an augmentation of the same market, rather than a wholly new one in which they would be establishing an early monopoly.
 

DeepEnigma

Gold Member
Happy to be corrected, but I think their argument is that cloud gaming is simply a mechanism for accessing your gaming library, rather than a wholly unique type of gaming that can only be played that way and that way *alone* (like, for example, VR).

So their point is that it’s an augmentation of the same market, rather than a wholly new one in which they would be establishing an early monopoly.
It's a false argument. Especially when they are gatekeepers to the majority of the infrastructure and IPs with this purchase.
 

X-Wing

Member
Happy to be corrected, but I think their argument is that cloud gaming is simply a mechanism for accessing your gaming library, rather than a wholly unique type of gaming that can only be played that way and that way *alone* (like, for example, VR).

So their point is that it’s an augmentation of the same market, rather than a wholly new one in which they would be establishing an early monopoly.
But didn’t the EU also say it was a new emergent market?
 

Ogbert

Member
It's a false argument. Especially when they are gatekeepers to the majority of the infrastructure and IPs with this purchase.
I don’t think it’s a ‘false’ argument. It’s ‘an’ argument. It’s simply a judgement call that regulators need to make.

Is cloud gaming really going to become a ‘thing’, to the detriment of all other forms of accessing video games. When we’re all sat at home, is there any particular reason why we will cloud game rather than via a console on pre-downloaded digital content?

Perhaps, perhaps not.
 

DeepEnigma

Gold Member
I don’t think it’s a ‘false’ argument. It’s ‘an’ argument. It’s simply a judgement call that regulators need to make.

Is cloud gaming really going to become a ‘thing’, to the detriment of all other forms of accessing video games. When we’re all sat at home, is there any particular reason why we will cloud game rather than via a console on pre-downloaded digital content?

Perhaps, perhaps not.
Oh, it will. It's what they all want, and what the WEF wants.
 

Three

Member
Regulator do however look at what's currently the "status quo" as well as what's likely to happen otherwise you cant make decisions.
They do but the regulators agree that we are in a transition. Lina has mentioned it when speaking and the CMA have too expecting the market shift to cloud and the importance of subs. Regulators agree we are not in a status quo.
ABK does seem to want to get paid for it or have some other aversion to it. I think one reason is that they believe the reach is incremental and not worth the hassle unless you are getting paid.
Absolutely they want to get paid. Even now they want to get paid $70B. Take two for example, somebody who like Activison doesn't have a subscription service like EA or Ubisoft do, had agreements with Stadia and PS Now. I find it hard to believe and frankly irrational that Activison would not care about subscription or cloud. Especially as they have had games on subscriptions before as early as last year. They just haven't had a need to do COD day one because it's a big seller. I think they slowly independently would have there too if competitors started chipping away at its audience on subs or f2p titles but they wanted both with the deal. Merge with the dominant MGS service, keep COD highly dominant on those services and cloud, get paid $70B and still sell to those who aren't on the dominant MGS service.
As far as I read the remedies, you could buy it from PS and get a license for PS premium if PS wanted it to happen. Also any providers are free to ignore or request the free license. The interesting thing would be if MS is committed in anyway to support Steam/PS in terms of selling the game.
But then you would have to pay $70 - 80, yes? The initial point was that nobody would switch to another cloud provider if it meant a $70-80 original license and MS are free to set terms for original licence for competing MGS or B2P stores.
Both iirc didn't ultimately split MGS from B2P for console distribution (need to check cloud). Both came to very much the same conclusion which was that it didn't make sense for MS to pull ABK from PS.
I'm not sure if they split them. I'm not referring to Playstation but the MGS. The CMA as far as I know did have concerns about MGS service competition. That doesn't necessarily mean Playstation specifically but it would likely include them as a competitor there.
 
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Ogbert

Member
But didn’t the EU also say it was a new emergent market?
They might well have. I suppose it comes down to definition of ‘market’.

For example, if something is a truly distinct market, it will have goods and services that can only be accessed in that market. Now, we’re not going to have ‘cloud only’ games for some time yet, if ever.
 

Topher

Gold Member

Ogbert

Member
Oh, it will. It's what they all want, and what the WEF wants.
And this is possibly the crux of the issue and, I hold my hands up and admit I haven’t got the first clue.

I found the judgment slightly odd as I just don’t really see cloud gaming as a thing. It’s just another one of those shit services that MS offers other than good games.
 
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X-Wing

Member
They might well have. I suppose it comes down to definition of ‘market’.

For example, if something is a truly distinct market, it will have goods and services that can only be accessed in that market. Now, we’re not going to have ‘cloud only’ games for some time yet, if ever.

Can the CAT redefine market though? I thought that as long as the CMA has followed the normal procedure to define the market that the CAT really couldn't go and change that?
 

DeepEnigma

Gold Member
And this is possibly the crux of the issue and, I hold my hands up and admit I haven’t got the first clue.

I found the judgment slightly odd as I just don’t really see cloud gaming as a thing. It’s just another one of those shit things that MS offers other than good games.
It's because we don't have interest in it.

MS most definitely sees it as a thing, Their entire company model shift is reliant on cloud based sub service models and the building up of Azure infrastructures and AI now.

For 10+ years they kept marketing and pushing The Power of the Cloud™ from gaming to every productivity conference. As soon as they announced this purchase, they put out a press release stating the importance of reaching 3 billion gamers via the cloud*. Phil Spencer went on record saying Sony and Nintendo are no longer their competitors, that it's Google and Amazon (streaming gaming/cloud gaming), the former having to shutter due to the Bethesda purchase they claim. Which adds precedent to the CMA concerns that MS was able to that that this early before even gaining the projected foothold.

The WEF wants you to own nothing and you will be happy. The WEF is comprised by the richest and most devious people on earth, the largest corporations and government officials.

Whether people choose to pay attention or not. The writing has been, and is on the wall.

*to reach "3 billion gamers" you would have to be the gatekeeper's, the top dog.
 
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Ogbert

Member
Can the CAT redefine market though? I thought that as long as the CMA has followed the normal procedure to define the market that the CAT really couldn't go and change that?
I sincerely don’t know.

But MS’ challenge isn’t a redefinition of ‘market’ per se, rather that the case under consideration isn’t about two markets, just one.

You could argue that this is a point of fact, rather than legal interpretation. But again, I don’t know what CAT’s remit is.

There’s a reason why it’s Ground 1 though. It feels like their only real chance.
 
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