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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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We've been hearing this horseshit about microsoft and their huge warchest pushing sony around for over a decade at this point. Hasn't happened yet and it never will.
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Mr.Phoenix

Member
I'm pretty sure MS never planned to make COD full exclusive. It's just too much money they would have to pass on. Also Minecraft is still multi and Dungeons and Legends too.
You are kidding right?

MS would never make COD exclusive. They don't have to.

They just need to put it on gamepass. Here, you can pay $70 for COD on PlayStation and PC, or you can just pay $15 for gamepass and get it for free along with these other great games. Or even worse, buy COD on Xbox and get 1 year of gamepass ultimate free. MS owning COD is the equivalent of bringing a gun to a knife fight.

And I don't understand how people cant see what kinda war of attrition this starts. If one of the players is doing shit like that, the only way to compete with that is to go and buy Take 2. Say you manage to pull that off, then MS responds by buying Ubisoft. Then you have to respond by buying EA. In ten years, the biggest publishers and IPs would be under the umbrella of two companies.

Is that what you want?

That is a war that only MS can fight and win. They aren't trying to win by being the better platform, making the best games...etc. They are trying to win by default of simply being the biggest fish in the pond.

In MS HQ, make no mistake, there is a price on PlayStations head. At some point, a conversation like this was had..

N > Ok, Phil what do we need to win this?
P > Probably like $500B. In say over 5 years.
N > What??!!! How many games are you trying to make?
P > Who said anything about making games? leave the game-making to sony, we just need to buy everything else. So $500B, and our little PlayStation problem goes away.
 

Poltz

Member
Sony would give up marketing rights for COD if it meant MS would not own ABK. Don't be stupid here. An independent ABK does not ignore putting COD on PlayStation indefinitely.
 
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Mr.Phoenix

Member
When was the last time Microsoft flailed around and took Sony to court because they bought a developer? Sony picks up devs all the time. They just bought bungie and there are still a lot of Xbox players that enjoy Destiny. You know that if Sony were to go out and buy Square Enix or Embracer tomorrow Microsoft wouldn't say a word other than "congratulations!" ... Sony are acting like a bunch of cry babies over this whole thing and it's embarassing.
I am speechless.
 

Pelta88

Member
If it doesn't close due to Sony Sabotage? So Sony has cost everyone there money? They break the status quo and do marketing rights and exclusive content with Xbox!

Forgot about this. But remember Sony themselves have stated how essential COD is. So they won't deny whatever version they get. Activision holds all the cards here.

Spoken like someone who has absolutely zero understanding of the most basic business principles.

This has to be jest, right?
 
I thought we'd gone past the whole 'scorched earth' fantasy if the deal fails, but looks like Bobby was enough to bring it back in fashion. :messenger_expressionless:

you just wait.. 3rd party publishers cant wait to side with microsoft and their small market share. they cant wait to murder their own ip by going xbox exclusive.

you can really tell who the teenagers are over here. they should go back to twitter with shit like that. much more suitable place for dumbass takes.
 
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DeepEnigma

Gold Member
you just wait.. 3rd party publishers cant wait to side with microsoft and their small market share. they cant wait to murder their own ip by going xbox exclusive.

you can really tell who the teenagers are over here. you should go back to twitter with shit like that. much more suitable place for dumbass takes.
This is the style fanbase they helped curate over the past decade on social media.
 
I think the structural remedies probably sound quite appealing to MS tbh. Divest COD and then use remaining budget to put it on GP as part of their strategy to grow Gamepass.

MS themselves have stated that thus deal was more than COD, guess this will test their metal, so to speak

The thing about them putting COD on Game Pass though is that it have to come with SOME kind of limitation. Otherwise MS are in a position where they can forfeit reliance on any direct sales revenue and push it on Game Pass for "free", and push Sony into either doing the same (leaving tons of revenue from direct sales on the table gone forever) or refusing to (potentially losing lots of market share in key markets directly because they don't put COD in PS+ Day 1).

That is basically predatory pricing in a sense; MS don't need the gaming revenue as a whole, so they can do without any of the direct sales revenue if it means gaining market share and getting huge sub growth. PlayStation exists partly because it's a self-sufficient subsidiary of Sony Corp, and contributes significantly to the company's bottom line with the business model they currently have. They can't maintain that business model if they put a 3P AAA as massive as COD in PS+ Day 1, thereby creating expectations for more such games (3P & 1P) in the service Day 1 and possibly training big parts of their customer base to not buy new games at launch or wait until they're in the service.

Because they can't necessarily count on significant enough sub growth or especially sub revenue growth to make up for the loss in direct sales revenue with such a move (or more importantly, surpass the revenue & profits of that model, which would be the main reason a company would want to change the business model in the first place), it would reduce PlayStation to being more of a liability on the rest of Sony Corp, and Sony isn't structured anywhere near the same way Microsoft is (in terms of where gaming is almost a non-factor for their revenue & profits).

Playing by that strategy would basically cause Sony to bleed out and see severely declining revenue. That's the consequence of a predatory pricing strategy.


Completely different market with different factors & conditions (let alone macro socioeconomic influences).

Also kinda back to the Ftc, was expecting something from the judge yesterday re the back and forth around the MS subpoena but maybe have missed an order or agreed delay between the two parties.

Maybe they're kickin' it in the Caribbean sipping on mojitos 👍
 

drganon

Member
Microsoft got in the console business when Amazon was still selling books, Facebook didn't exist, Apple was selling iPods and Google was some Ask Jeeves and Yahoo competitor.

Their goal at that time was to prevent Sony from taking over the living room and have Windows there instead. Since then, MS has built a profitable business in a large market. Xbox is now a serious Microsoft business.

However, the landscape in 2023 is much different than 2001. Windows is now a Microsoft side-business like Xbox. No one cares about the living room anymore. The goal now is to have your products and services on multiple platforms. Microsoft's competitors have strong ecosystems and have their eyes on gaming with significant investments in it. Apple is probably one of the most profitable companies in gaming. Amazon Luna is a serious competitor to Xbox cloud streaming. Facebook is a leader in VR gaming. If any of those companies got a hold of ABK, Microsoft would be in trouble. Apple worries me. If they got ABK, Sony would be next for them. With that ecosystem MS would be toast.

People who can see the big picture see this instead of some petty console war that will be irrelevant in 10 years.

In some respects, Sony's still in 2001. Running the same business model that Nintendo pioneered in the 1980s. Microsoft is in the here and now with bigger fish to fry.
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PaintTinJr

Member
I know this may be difficult to grasp. But the point is the CEO of the company is pissed about it.

If you think they'll remain in bed with Sony after this I don't know what to tell you.
Judging by some of the legal challenges the deal has had from shareholders I would expect the first order of business will be to address the level at which the board were going to be rewarded - at the expense of shareholders - from this deal, and so Bobby and Co might not be kept in place, or maybe even want to walk when their packages are adjusted to less excessive levels, so I suspect Sony might be discussing CoD marketing with different people at ATVI by then if the deal fails, like it currently seems.
 
Judging by some of the legal challenges the deal has had from shareholders I would expect the first order of business will be to address the level at which the board were going to be rewarded - at the expense of shareholders - from this deal, and so Bobby and Co might not be kept in place, or maybe even want to walk when their packages are adjusted to less excessive levels, so I suspect Sony might be discussing CoD marketing with different people at ATVI by then if the deal fails, like it currently seems.

Speaking about shareholders would they have any say in whether or not this deal continues?
 

aries_71

Junior Member
Ultimately I think it's in MS best interest to just pull out of the hardware game and just make gamepass the true Netflix of gaming and push it on every platform possible. Let's be honest, if not competing hardware wise, gamepass would be on the PS already.
Are you for real? No way Sony would allow GP on the PlayStation. Not in a million years.
 
I'm not an expert but I can imagine the market for pharmaceutical products is huge.

No you're right, it's a BIG market. But medications don't exist for recreational use (well, not legally). Very different pipelines for acquired resources, production of the products, distribution, how the product is made available for customers, safety requirements & regulations, QA testing, and more.

Plus IIRC the Pfizer case was not a M&A.
 
No you're right, it's a BIG market. But medications don't exist for recreational use (well, not legally). Very different pipelines for acquired resources, production of the products, distribution, how the product is made available for customers, safety requirements & regulations, QA testing, and more.

Plus IIRC the Pfizer case was not a M&A.

If correct I don't see what that case has to do with this one. Don't see how that applies here.

If I'm correct, in case of divestiture, they will have to get the deal approved by shareholders again.

That does make sense. A decision that big can't be handled by just one person (Phil Spencer for example). I guess it depends what shareholders really want. Truth is cutting out COD does reduce the value by alot. They might not want to drop 80 billion if they don't have COD.
 
If correct I don't see what that case has to do with this one. Don't see how that applies here.

Exactly, that's the point. Someone else brought up the Pfizer vs CMA case as an example of a M&A being blocked and successfully fought...but it was not a M&A in the first place 😂

Also aside but, "notoriously fucking petty" might be my new favorite catchphrase.
 

Heisenberg007

Gold Journalism
Wait so if the regulators push for divestiture and MS agrees, the shareholders can still call off the deal if they don't want to renegotiate due to the choice of divestiture?

That is painful for Microsoft if true. Very painful, in fact.
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.
 

PaintTinJr

Member
Speaking about shareholders would they have any say in whether or not this deal continues?
Not at this point AFAIK - although Heisenberg007 Heisenberg007 's point sounds correct - the majority voted for the deal and put it in the hands of the board IIRC.

If the deal fails the shareholders might see it as a failing by Bobby and Co, because they proposed taking the deal - believing it would go through. So it would technically be Bobby and Co's failure. If shareholders still want to sell at that price they might seek out a CEO that has a track record of successfully selling in such scrutiny situations.
 
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DForce

NaughtyDog Defense Force
This will backfire spectacularly on Sony. Marketing rights and exclusive game modes will come to Xbox once the current agreement with Sony is over. Versus the Parity that MS was offering... If COD is the king maker in the console space it would be wise to not piss off the developers.

They could literally do this AFTER the acquisition. lol
 
Phil Spencer is the CEO of Xbox, Microsoft's gaming niche. It's his job to be concerned.

Satya Nadella, however, doesn't lose sleep over Sony. He's concerned with four out of five members of FAANG. These are serious threats to MS because they threaten MS high margin, bread and butter businesses. Allowing them to get a serious foothold on gaming is against MS best interests.

Is this the new anime supervillain group? Who's doing their theme song?

The "bigger fish" will likely acquire Sony (or the PlayStation business) within ten years. Again, this isn't about competing with Sony and Nintendo. I doubt MS sees Nintendo as competition.

I actually believe the feeling is mutual between Xbox and Nintendo and see GamePass streaming on Switch in the near future.

The "bigger fish" can't acquire Sony even if they wanted because Sony is classified as part of "protected industries" by the Japanese government. In other words, they're not going to let a non-Japanese company buy up something like Sony.

Also your take on MS/Nintendo having a mutual interest in Game Pass cloud on Switch is rather nonsensical. Nintendo would prefer native ports of MS 1P games to a new Switch over xCloud, because that means more money for Nintendo at the end of the day.
 
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knocksky

Banned
The deal is dead. The CMA have pretty much nailed the coffin shut.

I would be shocked if Microsoft agree but divest acti. Even more shocked if the CMA pass it with behavioural remedies. I get the impression now that the platform holders won't be permitted to buy publishers, so I am expecting a lot of Indies like IOI for example etting hoovered up over the next few years.
 

demigod

Member
Agreed. In fact, if this deal falls through I suspect Microsoft will be much more aggressive moving forward (though that's bound to happen anyway) feelings-to-facts: there aren't many mega corps out there that can match Microsofts spending power. Things may get much worse for Sony if Microsoft doesn't land this deal, maybe worse than if they complete the ABK deal. Could be a case of Sony having to chose between the lesser of two evils at this point. We'll see though ..
What’s big bad microsoft going to do to sony? Go blow their buildings down?
 

aries_71

Junior Member
A MS First party only GP would definitely work on PS & Nintendo in a similar fashion to EA Play & Ubisoft Plus (to prevent cannibalization of 3rd party revenues)
But that wouldn’t be Gamepass, it would be something that doesn’t exist.
 
Going by the tone they’re already cuddling in bed and has made wedding plans, assuming that’s why the reactions are so feisty. We’ve seen things dramatically change in this industry from crashed plans in the past so who knows what could happen, I’d say it’s highly unlikely that things will just go back to normal at least if Kotick is still around, seems to take this too personal.

This is like a 1% chance scenario if even that. Even if Kotick wanted to do this, the board of directors and shareholders would probably go against him. ABK would need serious incentives to choose MS over Sony for future marketing deals or exclusivity if the deal fails, primarily financial ones.

And do you really think they're going to accept $1 billion from MS for a marketing deal when they were about about get $69 billion for a (potentially) failed acquisition? No, they'll be asking for far more than $1 billion. In theory this would increase the cost for Sony as well, but if ABK actually want that money from marketing deals, and they're asking too much from MS, they may have to take whatever Sony's willing to give them.

ABK doesn't actually have as much power or leverage over Sony if this deal fails as some people think.

Microsoft got in the console business when Amazon was still selling books, Facebook didn't exist, Apple was selling iPods and Google was some Ask Jeeves and Yahoo competitor.

Their goal at that time was to prevent Sony from taking over the living room and have Windows there instead. Since then, MS has built a profitable business in a large market. Xbox is now a serious Microsoft business.

How do we know Xbox is profitable? MS never share profit figures from the division on its own, just the revenue. And if it is profitable, it's not as profitable as PlayStation is for Sony, let alone Switch is for Nintendo.

Also please stop this ridiculous fanfic of Apple or some other non-Japanese big tech company buying Sony. More than enough people've told you why that won't happen. And 🤣at thinking Sony & Nintendo are stuck in the stone age on a business model that actually works when we can see their results regularly. It's MS trying to push a new model that is having clear negative impacts on their gaming revenue and sales.

And the idea MS are the only ones with content on multiple platforms is BS. Sony has games on PC and mobile. Nintendo has games on mobile. I can see Sony maybe reintroducing PS cloud gaming to TVs at a future date when they deem it worth doing so. MS's strategy is not novel in that regard aside from potentially cannibalizing their own core platforms in doing so.

That part IS novel, but not in a good way.

I don't see a situation where Microsoft can exit the console market - which they've said they have subsidized hardware by $100-200 per unit since the very beginning - because Xbox is the vanguard that gives their Windows OS 95% of all PC gaming as the de facto platform.
Losses on Xbox are nothing compared to the win on Windows' dominance in gaming on PC, which is what keeps Windows as the de facto OS for business because it has the largest audience familiar with its UI.

Yeah. This is also why I think even if they pull out from consoles as a "traditional" platform holder, they aren't going to shutter Xbox. They could splinter off Game Pass & xCloud from the Xbox division, keep Xbox Publishing as software-only with the studios, and move the hardware team into the Surface division. That and shift Xbox into a NUC mini-PC gaming brand.

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.\

Goodness gracious 😂. I didn't think MS were in a position they could get pegged on both ends but here we are.

Maybe 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.
 

Banjo64

cumsessed
A MS First party only GP would definitely work on PS & Nintendo in a similar fashion to EA Play & Ubisoft Plus (to prevent cannibalization of 3rd party revenues)
As thicc_girls_are_teh_best thicc_girls_are_teh_best said earlier, and especially after all of this, there’s no way Sony allow it now until Xbox leave the traditional console market.

Which was actually what Methos#1975 Methos#1975 said originally, so carry on lads 👍
 
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Snake29

RSI Employee of the Year
If the deal falls through what's to stop Microsoft from establishing/co-owning a special COD studio group with Activision? In some hypothetical scenario couldn't they have a co-owned partnership with Activision to create platform exclusive COD content; similar to the way other exclusive 3rd party studio's games are funded but with shared interest (partial ownership) in a new developer group? Say Microsoft shoulders more than 50% the costs/risk somehow on paper, then Acti gets money coming in and to further spread COD's growth into service and cloud platforms, and Microsoft gets most of what they want too.

Seems if full ownership of COD is off the table that's fine, because Microsoft don't need to own all of COD, they just need it to stand out above their competitor to draw folks to their platform. I view it as a step above a marketing deal.

Personal note- I know fuck all about how businesses like this work. What is and isn't allowed. Etc. So if this is not something that can be done consider this a thought experiment and I stand corrected.

That means that Jim is right all along, and that MS just want to get control over one of the biggest franchises.

And tbh, i still think Jim is right about this and they know more then the parts of this whole drama we see in public.
 

3liteDragon

Member
UK regulator deals blow to Microsoft’s $75bn Activision deal - Financial Times
Article was posted on the 8th but this part's new I think.
Microsoft is now expected to try to persuade the UK regulator to accept a behavioral solution in the form of licensing deals, like the agreements it has signed with Nintendo and offered to Sony, according to people familiar with the matter. In December, Microsoft signed a 10-year agreement with Nintendo to bring Call of Duty back to its platforms for the first time in almost a decade. It has made a similar overture to Sony to offer the game on console, subscription service and cloud game streaming, as well as a better revenue split than it currently receives from Activision.

But the US tech giant faces a battle to persuade the CMA to accept such a solution, because of the regulator’s general reluctance to accept behavioural remedies over structural solutions such as sell-offs.
A lawyer with knowledge of the deal said there remained a slim chance that the company could successfully argue that licensing deals would be effective.
 

DeepEnigma

Gold Member
I forgot another big one, too. Bragging about how they're nowhere near done buying studios/pubs even before this was finalized. Kinda shows their intent was to, in fact, buy up the market.
Yup, which goes back to this hubris…
This is the style fanbase they helped curate over the past decade on social media.
 
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