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Microsoft / Activision Deal Approval Watch |OT| (MS/ABK close)
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Ogbert
Member
Unfortunately, that’s one of the problems. You can’t simply push back the dates; court time is at such a premium and there’s such a backlog of cases, both parties are expected to do absolutely everything in their power to meet the timeframe agreed.
It’s why they take such a dim view of any party that looks to obstruct the process by providing too much material or, in contrast, pleads bogus inability. It’s also why it can turn into a proxy battle, where both sides might attempt to gain a sight advantage. Although it’s a dangerous approach.
Also, simply in terms of the UK, it doesn’t help that there’s still to this day a stratum of Oxbridge dickheads, especially across the collective Judiciary, that likes to maintain a carefully manicured image of being useless with anything digital. It undermines the ideal of the intellectual jurist, working by candlelight amidst the stacks, pouring over the ancient texts.
Thankfully that’s changing.
feynoob
Member
Maybe we can get Phil spencer doing dancing poles..Anything?
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Topher
Gold Member
feynoob
Member
No. No company is stupid to do such a move. It puts future purchases at a risk.
This is just a puff talk.
Oh come on now. You really don't think Bobby would pull Activision out of one of their biggest markets, or that MS would want them to, before they know if the deal would be approved in the largest market?
Always so negative bro. What could possibly go horribly wrong and lead to six trillion shareholder derivative lawsuits????
jm89
Member
I wonder how the CAT will see this during the trial, assuming there is any truth in this.
For folks who watched the stream on Tuesday, didn't they say they weren't gonna close the deal over the FTC to the CAT judge? But this is insinuating they could look at this as an option ove the CMA? Seems like more material for the CMA to use in the trial.
Bernoulli
I remember you saying something about them telling the CAT judge they won't close over the FTC.
For folks who watched the stream on Tuesday, didn't they say they weren't gonna close the deal over the FTC to the CAT judge? But this is insinuating they could look at this as an option ove the CMA? Seems like more material for the CMA to use in the trial.
Bernoulli
I remember you saying something about them telling the CAT judge they won't close over the FTC.
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Ogbert
Member
Those would be exceedingly aggressive proposals.
It’s not even a threat to leave the UK. Simply challenging the UK regulator and going ahead with the deal regardless.
It’s basically saying ‘fuck you, take us to court’.
SneakersSO
Member
That isn't what it would do, and it would instantly cause a massive upheaval for future acquisitions.
This all screams to me like lawyers gaming potential scenarios while knowing its unlikely. The CMA suing MS after such a move is almost guaranteed to not only cause the CMA to win (Regulatory avoidance would be slam dunk evidence) but it would strengthen the FTC case and antitrust investigation that is currently being done.
This reeks of desperation; they know its cooked.
zapper
Member
only future purchases? those are already at risk if activision/blizzard doesn't pass, but if they ignore a central regulator like the English one, I think the consequences are way more dangerous than not being able to open your wallet. I'd be kind of curious to see it, sooner or later a big tech will have to make a very wrong choice, and this seems like one of those.
I agree that they are just puff talk though
How can you possibly say that? They got a win for Ukraine at one point. That's the epitome of positive and respectful.
feynoob
Member
Not to mention any future MS acquision is going to be in a limbo.
No company would trust MS for future buyout.
From MLex
- Microsoft executives are actively looking at ways to close the acquisition despite a UK veto on the deal, MLex has learned.
- The CMA currently has an interim order in place preventing Microsoft from acquiring "an interest in Activision or any of its subsidiaries." It is likely to make that permanent very soon.
- The surprise speed of the CAT appeal process may dampen any calls within the company for it to close the deal regardless of the UK block.
- "Our priority is pursuing the appeal process in the UK, and we remain committed to constructive dialogue and solutions to address regulatory concerns," a Microsoft spokesperson said today.
- Microsoft has hired extra lawyers and has tasked some with examining how it could close the Activision deal, MLex understands.
- One option could include Activision exiting the UK for another European country in a bid to remove itself from the CMA's jurisdiction. Its games could continue to be sold via a distributor. One rub is that any such decision must be taken by Activision to avoid breaching merger laws that stipulate that merging companies must be managed separately and independently until they actually close.
- Another option could see Microsoft extend remedies given to and accepted by the European Commission to the UK unilaterally, even though they were rejected as insufficient by the CMA.
- The company is also actively contesting the CMA's draft order that would give effect to its veto, banning Microsoft from acquiring an interest in Activision for several years, and vice versa. The ability of the UK watchdog to impose a global ban solely to address concerns relating to the UK market is at the center of that, MLex understands. Microsoft could challenge the final order in court to seek to narrow its scope, to potentially allow it to close elsewhere in the world.
- Alternatively, Microsoft could seek to close the transaction and argue that the order was illegal in its defense when sued by the CMA.
- In mid-May, a reporter for CNBC asked Microsoft chief executive Satya Nadella whether the company could close the deal and just stop selling Activision's products in the UK. The CEO responded: "Let's wait for it all to play out." Asked by MLex on May 12 whether it could close around the UK, a representative of Microsoft said it was a "complicated question," but "at some point we may need to think about it." A spokesperson from Microsoft advised against reading too much into the comments.
It sounds like MS is ready to close this no matter what
Sooo...Pachter was right?
Total legal fan fiction imo.
They probably interviewed some of the legal experts of the same caliber we see on twitter.
If they were considering anything of this and it was feasible, there would be no need for wasting time and energies with the appeal.
Not to mention that this kind of news will only make them look like a company willing to try to avoid the law with whatever necessary to have their way.
And like they stated, something like this will have to be agreed with Activision and approved by shareholders.
So we're still at the same point, the next key development for this deal will be when they will have to re-negotiate the terms in July.
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feynoob
Member
One major consequences I can think of would be MS breakdown. Like what the US antitrust lawsuit wanted during MS vs US.
Ogbert
Member
That doesn’t make a difference. The UK courts don’t care where Activision is located, they are regulating the activity as it applies to MS who are in the UK. Otherwise everyone would do that for any legal case.
What MS would basically be saying is ‘suck it UK. We’re doing it regardless. If you want to stop us, take us to court and argue for an injunction and associated fines’.
It would be outrageously aggressive.
BennyBlanco
aka IMurRIVAL69
This feels like a bluff to get UK politicians to pressure the CMA to accept the appeal
feynoob
Member
DeepEnigma
Gold Member
So, coercion?
zapper
Member
well, she speaks for xbox, i think. it doesn't change much, but at least the xbox division has made a bad impression only in their field.
however it almost sounds like a message of surrender to me. also, if i were her or spencer or anyone else in the xbox division i would be really frustrated that for a year and a half xbox has been eclipsed by this deal.
It would be a poor bluff when they're just heading into an appeal.
It would set the tone negatively for them, looking like the company who has no respect for the istitutions and laws.
Politicians can't do anything with the CMA, they're independent.
This is probably a collection of possibilities they gathered about going ahead with the deal without UK asking the likes of Pachter and other twitter personalities we have learned to know well.
harry mason 1989
Banned
You all have to agree on one thing
Everything will be clear next July
Stay tuned for the next episode of
Dragon ball z
Everything will be clear next July
Stay tuned for the next episode of
Dragon ball z
feynoob
Member
They are a trillion company for a reason.
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Heisenberg007
Gold Journalism
So we're back to bluffing and using pressure tactics? lmao 
Dick Jones
Gold Member
So good cop is threatening the security of a country. What the fuck is bad cop?
Edit: #victoryforterrorism
Edit: #victoryforterrorism
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adamsapple
Or is it just one of Phil's balls in my throat?
graywolf323
Member
Bernoulli
M2 slut
Yes they said that, and said the FTC didn't block because they didn't file an injuctionI wonder how the CAT will see this during the trial, assuming there is any truth in this.
For folks who watched the stream on Tuesday, didn't they say they weren't gonna close the deal over the FTC to the CAT judge? But this is insinuating they could look at this as an option ove the CMA? Seems like more material for the CMA to use in the trial.
It was very confusing
Bernoulli
M2 slut
StealthGoblin
Banned
The tech behind Stadia was really solid and impressed people. What wasn’t good was the content pipeline because Google’s internal teams were in their infancy.
Microsoft buying huge amounts of developers and then a large publisher meant that Google would struggle for competitive content and it would be even worse if ABK was bought.
The CMAs argument is that Microsoft own the operating system, the developer environment, the server architecture AND huge amounts of IP, which when combined makes it almost impossible for new competitors to arise.
Microsoft giving 10 year deals go streaming services doesn’t do anything to mitigate any of that. Microsoft would be able to dictate the terms of the sector.
What Microsoft need for this to get across the line easily is for PlayStation or Nintendo to get bigger in cloud.
There isn’t another player in the industry with as much leverage in cloud as Microsoft and the ABK deal would basically make them unassailable.
CoreyFlawless
Member
Eh, trust me. If for some reason cloud gaming start taking off. You can bet google would come back and amazon would invest more. It just, it gonna take 10-20 more years before I think cloud gaming start competing with native gaming. It got a ways to go. If it ever does.
StealthGoblin
Banned
They’d hit the same brick wall - lack of content. In that time Microsoft will have so much IP people wouldn’t be able to compete.
ShaiKhulud1989
Gold Member
It sounds like both MS and ACTVI are busy with 'trying the best we can' which is literally part of the contract until July. And even the CAT hearings will star after the deal's deadline, so it's just media white noise at this point.From MLex
- Microsoft executives are actively looking at ways to close the acquisition despite a UK veto on the deal, MLex has learned.
- The CMA currently has an interim order in place preventing Microsoft from acquiring "an interest in Activision or any of its subsidiaries." It is likely to make that permanent very soon.
- The surprise speed of the CAT appeal process may dampen any calls within the company for it to close the deal regardless of the UK block.
- "Our priority is pursuing the appeal process in the UK, and we remain committed to constructive dialogue and solutions to address regulatory concerns," a Microsoft spokesperson said today.
- Microsoft has hired extra lawyers and has tasked some with examining how it could close the Activision deal, MLex understands.
- One option could include Activision exiting the UK for another European country in a bid to remove itself from the CMA's jurisdiction. Its games could continue to be sold via a distributor. One rub is that any such decision must be taken by Activision to avoid breaching merger laws that stipulate that merging companies must be managed separately and independently until they actually close.
- Another option could see Microsoft extend remedies given to and accepted by the European Commission to the UK unilaterally, even though they were rejected as insufficient by the CMA.
- The company is also actively contesting the CMA's draft order that would give effect to its veto, banning Microsoft from acquiring an interest in Activision for several years, and vice versa. The ability of the UK watchdog to impose a global ban solely to address concerns relating to the UK market is at the center of that, MLex understands. Microsoft could challenge the final order in court to seek to narrow its scope, to potentially allow it to close elsewhere in the world.
- Alternatively, Microsoft could seek to close the transaction and argue that the order was illegal in its defense when sued by the CMA.
- In mid-May, a reporter for CNBC asked Microsoft chief executive Satya Nadella whether the company could close the deal and just stop selling Activision's products in the UK. The CEO responded: "Let's wait for it all to play out." Asked by MLex on May 12 whether it could close around the UK, a representative of Microsoft said it was a "complicated question," but "at some point we may need to think about it." A spokesperson from Microsoft advised against reading too much into the comments.
It sounds like MS is ready to close this no matter what
Sooo...Pachter was right?
Kilau
Member
feynoob
Member
Thirty7ven
Banned
The way MS is acting about this tells you all you need to know about how much Xbox needs ABK. Don’t give me bs about accelerating plans because clearly it’s done dotta without ABK.
LordCBH
Member
Honestly feels that way at this point. Shame. Brand used to be great until they let idiots run it into the ground.
feynoob
Member
Xbox does not in any shape need activision.
Its more of expanding their business. Activision saves them alot of business oppurtunity and expands their current business in gaming. It takes years and resources to get in to business like mobile and reforming their windows store.
If the focus was Xbox, they could have simply done EA deal.
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Dick Jones
Gold Member
If the focus wasn't Xbox, then COD would have been spun out. It was bought in part to weaken its competitor.
feynoob
Member
Nope. Its not about Xbox at all.
COD prints alot of money and its perfect game for mobile market. It also drives gamepass too.
Xbox needs more than activision. It needs to build a solid fanbase all around the world. I doubt activision would have any impact in that.
DeepEnigma
Gold Member
Yeah. Spun off Call of Duty and loose Call of Duty Mobile...
... While trying to break into mobile games business...
... Sounds really smart tbh
Dick Jones
Gold Member
Smarter than threatening a countryYeah. Spun off Call of Duty and loose Call of Duty Mobile...
... While trying to break into mobile games business...
... Sounds really smart tbh
feynoob
Member
DeepEnigma
Gamepass is not an xbox. It surpasses Xbox, and it is its own league. MS sidelined Xbox to focus on gamepass.
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Lol. Who is threatening?
Microsoft just wants to find clever but legal ways to get around CMA
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Bernoulli
M2 slut
feynoob
Member
That is not a clever. That is stupid and reckless.
MS might get breakdown, if they keep doing that.
Dick Jones
Gold Member
Brad Smith did when he broke down on BBC radio and the general public laughed at him. It was funny, I'm not gonna lie.
feynoob
Member
Gamepass is not an xbox. It surpasses Xbox, and it is its own league. MS sidelined Xbox to focus on gamepass.
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