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[Varteras]

I know it makes Sony fans mad.

It makes the Xbox fans who suggest it's not a problem look mentally unstable.

 

[Woody337]

They're not going to get PS6 early dev kits if the deal gets done sony already stated that.

But they will. Sony isnt gonna force their version to be less because of that

 

[ToadMan]

I'm guessing they use divestment when fines don't solve the concerns. That's one way to make a merger seem very unattractive.

In the first instance the CMA will order MS to hold ATVI separate - that means MS pay the cash but cannot integrate ATVI business. During that time ATVI will be effectively a third party still - doing deals for cloud and whatever and MS will still have to join the queue for those deals like anyone else. No gamepass presence unless MS are prepared to pay either.

Then the process will drag on with fines and divestment rulings for a couple of years, both ATVI and MS business will have stagnated until they end back where they are today, but weaker.

That’s the pattern from Illumina-Grail and even Meta-Giphy. In that latter case employees of Meta and Giphy were forbidden from even communicating!

Now I’m sure those rules get bent, but effectively the benefits of the acquisition are severely impaired. MS won’t get the income from ATVI for example - the financials will all be held and reported separately.

 

[Banjo64]

The reality is they're not breaking the law. Get this fantasy out of your head already

I disagree and think they actually might, but I think they’d get fucked so hard if they did that egg’s little head would become scrambled (divestment of Activision and CoD would be the only resolution at that point).

All of this ‘they would have been told what’s required in a hush hush way’ is pure fantasy drivel. They’ve been told what’s required already in writing.

 

[HeisenbergFX4]

Sorry if posted 20 times already but I see this floating around this morning

 

[skit_data]

 

[adamsapple]

Sorry if posted 20 times already but I see this floating around this morning

I wonder if they're really that serious about closing on the 18th and will let CMA continue their investigation passively till their August 29th date.

 

[Ar¢tos]

I know it makes Sony fans mad. But the reality is it's only a month. The cma just has to review the deal that MS has clearly sent them. They will say you shouldn't have closed. MS will say they had no choice. CMA will fine them. MS has $3B here to play with due to the deal with Activision. Then they will still follow thru with their hearing and will tell MS their decision. Obviously at that point things could get ugly for MS but I think they've already signaled what they want done behind closed doors.

But they can't legally close while the CMA block stands because the text of the deal specifically requires the CMA approval, it would have no legal value unless the deal is modified and I think there is no time to do that before the 18th.

 

[wolffy66]

The reality is they're not breaking the law. Get this fantasy out of your head already

It makes the Xbox fans who suggest it's not a problem look mentally unstable.

If the FTC doesn't get its injunction today, it's a done deal. It's just a matter of how. It is what it is. Wether it's extended timeline for Activision or fines from the cma. What's the difference at the end of the day. Everyone involved is smart enough to see the end result.

 

[ToadMan]

Wait what am I reading!? Some actual accurate clarification!

 

[Gudji]

Quality journalism right there.

 

[Zok310]

If MS closes the deal before then, that changes everything. The CMA doesn't just look over its shoulder, shrug, and look back at the proposal. It starts a whole new chain of events. Because at that point MS just said fuck your process, remedies, and deals. We're taking what we want. There is no longer a reason to accept anything from them at that time.

Same goes for the CAT, if ms closes in the usa they automatically close globally. The CMA and the CAT are going to go in for the kill. They need to extend and ride this shit out to full approval. The CAT seems to be on their side so why risk rocking the boat with the CAT?

Or,

Walk away, which is better than doing something totally illegal.

 

[DaGwaphics]

I know it makes Sony fans mad. But the reality is it's only a month. The cma just has to review the deal that MS has clearly sent them. They will say you shouldn't have closed. MS will say they had no choice. CMA will fine them. MS has $3B here to play with due to the deal with Activision. Then they will still follow thru with their hearing and will tell MS their decision. Obviously at that point things could get ugly for MS but I think they've already signaled what they want done behind closed doors.

It's possible that the final result of the deal could look different in the UK than the rest of the world, with Activision remaining more independent by legal definition in that territory. What that would look like who knows, maybe they just move forward with support operations in that region with nothing new releasing in the territory so that CoD could not have any influence in that market at all. Or, just no ABK on GP or Cloud in the UK region.

 

[GHG]

Irresponsible headline writing from Eurogamer there.

 

[TheDreadLord]

So, are we back again to the bargaining phase or something?

 

[Gudji]

So, are we back again to the bargaining phase or something?

 

[adamsapple]

Irresponsible headline writing from Eurogamer there.

And good, fair, clarifications from Hoeg.

 

[DryvBy]

People really like cheap(free) games it seems

Free*

*For only $20**

**Until we need more money.

 

[wolffy66]

But they can't legally close while the CMA block stands because the text of the deal specifically requires the CMA approval, it would have no legal value unless the deal is modified and I think there is no time to do that before the 18th.

It's possible that the final result of the deal could look different in the UK than the rest of the world, with Activision remaining more independent by legal definition in that territory. What that would look like who knows, maybe they just move forward with support operations in that region with nothing new releasing in the territory so that CoD could not have any influence in that market at all. Or, just no ABK on GP or Cloud in the UK region.

Seeing how MS agreed to the extension they have to have at least some idea of what the CMA is going to require. And MS is probably going to have to give more than they want but what choice do they have.

 

[Ginzeen]

Deal is in bad shape. I'm not confident it gets approved anymore. I thought it was all worked out behind the scenes. Nope. I was wrong. CMA coming out with that report took the winds out of my sails. I feel theirs a good shot at an extension with MS/ABK though. We will see.

 

[kvltus lvlzvs]

If I was MS, I wouldn't have flinched at selling off Activision. With King they have an absolute, immediate foothold in mobile gaming.

We are about to find out how much MS wants this deal to pass.

People are cheering on something that could spell the end of nations as sovereign entities as we currently know them so they can have diablo 4 on their games pass lmao

Edit: quoted the wrong post, whoops

 

[Ass of Can Whooping]

If the FTC doesn't get its injunction today, it's a done deal. It's just a matter of how. It is what it is. Wether it's extended timeline for Activision or fines from the cma. What's the difference at the end of the day. Everyone involved is smart enough to see the end result.

 

[Thirty7ven]

I wonder if they're really that serious about closing on the 18th and will let CMA continue their investigation passively till their August 29th date.

Let

 

[Topher]

Sorry if posted 20 times already but I see this floating around this morning

That's from the CAT, correct? If so, it just means they have to rule on the joint request made by CMA and MS.

 

[CRAIG667]

Why would being a multiplayer game matter? Plus those two other games were being made for PS5 until MS told the devs to stop and make it Xbox only.

That wasn't public knowledge.
And of course being multiplayer matters, I don't think that even needs explaining.

 

[xHunter]

Deal is in bad shape. I'm not confident it gets approved anymore. I thought it was all worked out behind the scenes. Nope. I was wrong. CMA coming out with that report took the winds out of my sails. I feel theirs a good shot at an extension with MS/ABK though. We will see.

Nah this bad boy closes. To close to the finish line. It's a done deal. CMA playing theatre. I'm unwaviered

 

[Schmick]

Man... can you imagine the uproar and death threats Kotick would get if ABK decide not to extend the deadline!!!!

I'd actually fear for his life.

 

[AJUMP23]

My activation shares are finally up 8%. Hopefully when MS buys I can get some MS stock.

 

[Negotiator101]

Microsoft have 4 days to get this deal done and they have the CMA and possibly the FTC in there way, you can only imagine the amount of scrambling Microsofts legal team are doing right now

 

[GHG]

That's from the CAT, correct? If so, it just means they have to rule on the joint request made by CMA and MS.

Not necessarily.

The purpose of case management conferences are to essentially establish the rules of engagement and solidify timeliness going forwards. The CAT is the only appropriate place for such discussions to take place considering the current status of the ruling by the CMA.

We will find out how a decision will be arrived at during that conference.

It's refreshing to see a return to an orderly process after witnessing the chaos that is the US system.

 

[Three]

Microsoft took a big gamble pausing the CAT appeal and sending this new structured deal, which doesn't look as good to me if the xCloud rumors are true.

Part of me thinks that Microsoft is doing all this because it knows Activision isn't going to stick with them. This gamble (preponing the deadline to only 6 weeks vs. delaying it for months going through the CAT appeal) is to make ABK stay.

That seems the most likely. It's because the CAT appeal was scheduled past that deadline anyway so it's a last ditch effort to try and get something done before that date and if they manage to extend, use the proposal against the CMA at the 'unpaused' appeal.

 

[Banjo64]

Seeing how MS agreed to the extension they have to have at least some idea of what the CMA is going to require. And MS is probably going to have to give more than they want but what choice do they have.

Here’s the idea:

https://assets.publishing.service.gov.uk/media/63e376bdd3bf7f173ad1cee4/Notice_of_possible_remedies_2.0.pdf

 

[Ass of Can Whooping]

And of course being multiplayer matters, I don't think that even needs explaining.

Homie you still believe that bs lmao

 

[M16]

But they can't legally close while the CMA block stands because the text of the deal specifically requires the CMA approval, it would have no legal value unless the deal is modified and I think there is no time to do that before the 18th.

its not a problem, according to ms and activision
from the bloomberg article yesterday

Both companies still think it’s possible to close the deal, which would be the largest ever in the video-game industry, before next week’s deadline, the people said.

 

[DaGwaphics]

Microsoft have 4 days to get this deal done and they have the CMA and possibly the FTC in there way, you can only imagine the amount of scrambling Microsofts legal team are doing right now

They probably already have negotiated an extension that nips and tucks at the verbiage a bit to expedite the closing throughout most of the world.

 

[Negotiator101]

Here’s the idea:

https://assets.publishing.service.gov.uk/media/63e376bdd3bf7f173ad1cee4/Notice_of_possible_remedies_2.0.pdf

Basically COD.

 

[Aguero9320]

All of this ‘they would have been told what’s required in a hush hush way’ is pure fantasy drivel. They’ve been told what’s required already in writing.

With all due respect, you're kidding yourself a bit there. The lawyers have been talking the whole time about what would be an acceptable resolution - it happens in every case, with far less able lawyers than are involved here. The idea of the CMA brutally punishing Microsoft whatever happens is a pipe dream. They are just too powerful and important to the economy to make a legit enemy out of - even for a country.

Don't be surprised if the order not to close or invest is withdrawn before the 18th, just in time, or that approval is given with conditions.

 

[Ass of Can Whooping]

its not a problem, according to ms and activision
from the bloomberg article yesterday

 

[bitbydeath]

Nah this bad boy closes. To close to the finish line. It's a done deal. CMA playing theatre. I'm unwaviered

It’s not CMA, it’s Microsoft. They brought a new remedy to the table and want CMA to look at it.

 

[GHG]

Man... can you imagine the uproar and death threats Kotick would get if ABK decide not to extend the deadline!!!!

I'd actually fear for his life.

It shouldn't have to be like that.

As judge Corley said, "all this for one videogame?". The same people that were celebrating her quips a couple of weeks ago should abide by them going forwards regardless of the outcome.

 

[Woody337]

Deal is in bad shape. I'm not confident it gets approved anymore. I thought it was all worked out behind the scenes. Nope. I was wrong. CMA coming out with that report took the winds out of my sails. I feel theirs a good shot at an extension with MS/ABK though. We will see.

Winds out of your sails????? Does this deal really make or break your day?

 

[xHunter]

It’s not CMA, it’s Microsoft. They brought a new remedy to the table and want CMA to look at it.

https://www.neogaf.com/threads/microsoft-activision-deal-approval-watch-ot-update-ftc-files-for-appeal-cma-while-open-to-new-restructure-its-decision-to-block-still-stands.1641775/page-1400#post-268171762

Im just messing with him

 

[Banjo64]

With all due respect, you're kidding yourself a bit there. The lawyers have been talking the whole time about what would be an acceptable resolution - it happens in every case, with far less able lawyers than are involved here.

They’ve already suggested acceptable resolutions.

The idea of the CMA brutally punishing Microsoft whatever happens is a pipe dream.

I don’t view the CMA’s handling of Microsoft (or any company) as brutal punishment. They’ve made their recommendations, it’s now up to Microsoft to either comply, come up with alternatives that equally address the concerns, or ignore it completely.

 

[ToadMan]

Man... can you imagine the uproar and death threats Kotick would get if ABK decide not to extend the deadline!!!!

I'd actually fear for his life.

This is the real meltdown meat.

I don’t mean meltdowns from gamers - I mean the meltdown of the execs who would feel double crossed but have to play the game and keep ATVI sweet for the content.

That would be a fascinating drama to see. I mean Sony already burned a bridge with Bobby, or maybe ATVI burned a bridge with Sony. MS would feel like they’d been dumped.

So you’d have these 3 big companies all feeling bruised but having to smile through the hate they’d have.

It seemed like this scenario was off the table a day or two ago but perhaps it’s back on.

 

[sigrad]

My activation shares are finally up 8%. Hopefully when MS buys I can get some MS stock.

I think, dont crucify me, Activivsion stock gets delisted if MS buys them out. You either get a payout of what the stock is worth at sale or you can convert the shares, I think, into MS shares.

 

[bitbydeath]

https://www.neogaf.com/threads/microsoft-activision-deal-approval-watch-ot-update-ftc-files-for-appeal-cma-while-open-to-new-restructure-its-decision-to-block-still-stands.1641775/page-1400#post-268171762

Im just messing with him

Oh , never mind me then

 

[Heisenberg007]

So it's still better for Microsoft to at least try to close if there is no extension. Because yeah. You are risking fines and at worst you won't have ABK.
But. It can also end up that you will pay fines, CMA will work towards deal with Microsoft and you will have ABK. And I'm pretty sure that CMA will let Microsoft know what they are intended to do if Microsoft will try to close on Monday.

Like. You can't tell me that if you were Microsoft you would not at least try to complete it even with huge risk. There is no point for Microsoft to NOT try.

I honestly wouldn't do that. The negative repercussions are far greater.

The CMA can fine companies up to 10% of the global turnover. Microsoft could be penalized up to $6.9 billion. That's what at risk here.

I'd instead focus on ensuring that ABK is in this with me at least until August 29 and sweeten the deal for them to incentivize the extension, if needed. Then focus on working with the CMA to arrive at an acceptable compromise to get the deal through.

 

[sigrad]

Quality journalism right there.

Dude isn't a journalist. He's a lawyer.

 

[Gudji]

Dude isn't a journalist. He's a lawyer.

I know, eurogamer deleted the tweet saying "FTC lost the appeal" or something like that and he replied to them.

 

[Zheph]

Eurogamer has become such a joke... it's kotaku without colors