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

Do you believe the deal will be approved?


  • Total voters
    886
  • Poll closed .
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feynoob

Member
I’m sorry to do this bros. @GHG feynoob feynoob







hbAyivs.jpg

crying.gif
 

cireza

Member
This clip? I can't believe an actual journalist for Windows Central would say this


Wow, this guy is beyond ridiculous.

Microsoft are trying to expand their Xbox business, they have zero reason to halt any other, unrelated to Xbox business they have there. If the deal fails, then it will fail and that's it.

And it would be a massive fail for MS to win using such methods, by the way. It would instantly kill any goodwill they actually had. People are way too "passionate" about this.
 
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Time to pump the brakes, man. The cloud aspect of the CMA ruling was there all along. This narrative that you are pitching that they somehow used that to "save face" isn't accurate. The EC and CMA were in lockstep about their cloud concerns and diverged only in the remedy. So for consistency sake, why not lambast the EC for requiring any remedies of Microsoft at all based on future "theoretical possibilities"? I think if you have more than one regulator coming to the same concerns then perhaps not throw it under the bus so quickly. And we all know full well that no other company in gaming will have the combined infrastructure of Azure, the base of Xbox and now the potentially the addition of Activision Blizzard King with Call of Duty, Diablo and the rest and that combination will have the power to yank every and all "licenses" at the end of those 10 years that you believe "any other company" could step and challenge.

And no one at the CMA has said anything remotely similar to "don't worry guys I work for the CMA and looking forward to continuing playing COD on my playstation". You are demonizing the wrong regulatory body there, I'm afraid.
The cloud thing was basically the CMA being cunning. They waited for Microsoft to have their say when it came to the cloud and then used their logic against them. Microsoft would cum in their pants whenever the word cloud was mentioned and couldn't shut up about how many billions they've invested into it & how they were willing to push those Activision games to more devices using the cloud (to 180 million more people). Whether through their own service or through the cloud services they penciled their insufficient and inadequate 10 year deals with, which the CMA is also now using as an argument against them(what happens when that 10 year grace period is over?).

Those who call the CMA's own logic and findings into question, must understand that the CMA asked or better yet, requested Microsoft and those other cloud companies to provide documents and data related to their market share, current & potential growth statistics and so on, so the CMA isn't particularly running blind here. All the info related to the cloud gaming operations that they requested from those companies, was potentially analysed and used as a reference point in their findings and conclusions. Microsoft couldn't shut up in interviews about being in a unique position in the cloud market and leveraging it to help it grow tremendously and now that argument has been used against them by the CMA. And the current situation doesn't really paint a good look for Microsoft either, especially since the EC has basically agreed with the CMA's concerns about the cloud , which further strengthens their case and drastically reduces the chances of an appeal getting approved. It's not the regulators who have stun-locked and fucked over Microsoft. Microsoft did that themselves by not keeping quiet when they should've.
 

IFireflyl

Gold Member
China just approved the deal

That is because China is intelligent. China's approval of this deal signifies a much needed, and much expected (by me, anyway), change in their regime. Their government is adopting a "for the people" persona and sloughing off its totalitarian history. China has the technology, the intelligence, the infrastructure, and (now) a desire to do better for its citizens. This acquisition approval is another step towards the Free Republic of China, and I am happy I lived to witness something like this.

Sorry, autocorrect is a pain. What I tried to type was, "That Chinese Winnie the Pooh can lick balls."
 
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Bernoulli

M2 slut
From IDAS on 29 april
But some of the statements from MS/ABK these days remind me of the ones from Nvidia/ARM in very late January 2022, when they said that they were expecting the acquisition to be approved (the FTC blocked it in December 2021). Then, 10 days later (early February 2022) they announced that the deal was abandoned (and in that case the outside date was September 2022, 2 years since the announcement).

You can even start to see the first sings of doubt with the statements from Booby Kotick yesterday or on Wednesday, as well as the report from Bloomberg about MS/Phil Spencer.
and here the EU didn't even make a decision it was blocked just by the FTC

this is all looking too familiar, the CMA wanted a block too
 
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Seems like 90 percent of lawyers think this merger will happen only because the ftc arguments against is so weak it’s laughable.

I don't think the FTC was ever going to be a problem. But the CMA is what they are actually worried about. If anyone can stop it from happening it's them.
 

DavJay

Member
The court case hasn't happened. Do they have a time machine like my neighbour called Peter and his flux capacitor, he told me he built a time machine like one in a film I've seen, yeah.

You have a time machine? Why are wasting your time on a forum ? 😂
 

DavJay

Member
Where are those 90% of lawyers ?
Why the Activision stock didn't move if it was a slam dunk ?

Check out those bunch of videos on YouTube with lawyers talking about this merger. Most think it will pass. Generally all think the ftc will easily lose in court and the cma will reverse it decision because of pressure from the PM. Nothing is a slam dunk. Not win nor a block. All up still for grabs.
 

GHound

Member
Wow, this guy is beyond ridiculous.

Microsoft are trying to expand their Xbox business, they have zero reason to halt any other, unrelated to Xbox business they have there. If the deal fails, then it will fail and that's it.

And it would be a massive fail for MS to win using such methods, by the way. It would instantly kill any goodwill they actually had. People are way too "passionate" about this.
I wish they were that stupid. Talk about watching decades unravel in a matter of weeks.
It would be hilarious.
 
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Bojanglez

The Amiga Brotherhood
This sounds like someone stating very clearly why not only should this deal be blocked, but why there is probably a decent argument to be made for breaking up MS - something MS already flirted with - on the grounds of national security.

Is that what he is trying to tell us? That MS is such a powerful corporation now, people through their national governments no longer have the right to enforce laws?

Literally telling us MS is holding western governments hostage… if ever there was a reason to break up mega corps that is it.
Exactly. Threatening to use your monopoly powers in a tantrum over not being granted more monopoly powers is not a good look.

Also I'm pretty sure MS' role in UK cyber security is only needed because Windows is so insecure and ubiquitous that it is responsible for most threats. I would be very surprised if the UK's accrual cyber-security infrastructure itself is Windows based.
 

gothmog

Gold Member
These lawyers are resting their opinions on decades of companies basically being able to do whatever they want. I don't blame them for assuming that corruption and money will win out.
 
Still no explanation how MS will close this deal with a CMA block when their own documents explicitly say they need approval from all 4 major markets to do so.

Warning: for people that say ringfencing and changing the deal isnt possible please ignore this post and don't quote as that will just waste people's time and space in the thread. I am just going by what lawyers and financial analysts on TV have said and I know I am not going to change your mind and you aren't going to change mine because I believe the professionals.

To answer your question. The deal can be changed. Hoeg said they can change the terms of the deal to not include the UK. Then MS would have to sell activision UK assets or spin them off as a seperate company in the UK. If that happens the UK cannot sue MS and Activision for NOT merging in their country.

Its not like UK gamers would be left out though. Even if that happens it just means MS would have to pay this seperate company to get CoD and other ABK games on Game Pass in the UK. Which i am sure they would do unless they really want to make the CMA look bad.
 
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freefornow

Member
There was only this guy, who’s being paid £2k per month by a lobbying firm on behalf of Microsoft.

Cut the shit.
The linked article does not point to MP being paid by lobbying on behalf of MS.

"In April, Afolami also launched a report for the group suggesting that a “lack of democratic oversight of regulators is holding back UK productivity and economic growth”, with the author listed as an economist at WPI Strategy, with editorial control from MPs on the group. The report was funded by one of WPI’s clients, Pension Insurance Corporation, which is on the advisory council of the group and contributed a foreword."

While Microsoft is listed as a client of WPI, it seems that MS worked with them to publish a "White Paper" on "Regional inequalities in health and social care: the power of digital technology to close the gap"
 

Thirty7ven

Banned
Warning: for people that say ringfencing and changing the deal isnt possible please ignore this post and don't quote as that will just waste people's time and space in the thread. I am just going by what lawyers and financial analysts on TV have said and I know I am not going to change your mind and you aren't going to change mine because I believe the professionals.

To answer your question. The deal can be changed. Hoeg said they can change the terms of the deal to not include the UK. Then MS would have to sell activision UK assets or spin them off as a seperate company in the UK. If that happens the UK cannot sue MS and Activision for NOT merging in their country.

Its not like UK gamers would be left out though. Even if that happens it just means MS would have to pay this seperate company to get CoD and other ABK games on Game Pass in the UK. Which i am sure they would do unless they really want to make the CMA look bad.

So renegotiate to exclude the UK, but the CMA would still block. MS owning ABK at that point would be grounds for suing MS. How would the UK not sue MS if what’s being proposed would mean MS bought ABK against CMA’s orders? MS can’t sell its ABK business in the UK without owning them first.

That scenario doesn’t work the way you described it so maybe you didn’t understand the lawyers. Or maybe the lawyers you’re quoting are being vague enough on purpose because in all likelihood they got called to go on tv to feed drama.
 
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Three

Member
Warning: for people that say ringfencing and changing the deal isnt possible please ignore this post and don't quote as that will just waste people's time and space in the thread. I am just going by what lawyers and financial analysts on TV have said and I know I am not going to change your mind and you aren't going to change mine because I believe the professionals.

To answer your question. The deal can be changed. Hoeg said they can change the terms of the deal to not include the UK. Then MS would have to sell activision UK assets or spin them off as a seperate company in the UK. If that happens the UK cannot sue MS and Activision for NOT merging in their country.

Its not like UK gamers would be left out though. Even if that happens it just means MS would have to pay this seperate company to get CoD and other ABK games on Game Pass in the UK. Which i am sure they would do unless they really want to make the CMA look bad.
And what would this mean exactly? That Activision would remain independent and exist only in the UK? Who would own the IP rights in the global context? What about the studios? Would the shareholders then need to do what's best for "Activision UK" and again not go to any subscription services because it didn’t want to due to lost sales? I thought going to subscriptions was only possible if they were a part of MS and it wasn’t in their interests, why would lost sales all of a sudden be beneficial again?
 
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Topher

Gold Member
Warning: for people that say ringfencing and changing the deal isnt possible please ignore this post and don't quote as that will just waste people's time and space in the thread. I am just going by what lawyers and financial analysts on TV have said and I know I am not going to change your mind and you aren't going to change mine because I believe the professionals.

To answer your question. The deal can be changed. Hoeg said they can change the terms of the deal to not include the UK. Then MS would have to sell activision UK assets or spin them off as a seperate company in the UK. If that happens the UK cannot sue MS and Activision for NOT merging in their country.

Its not like UK gamers would be left out though. Even if that happens it just means MS would have to pay this seperate company to get CoD and other ABK games on Game Pass in the UK. Which i am sure they would do unless they really want to make the CMA look bad.

Yes, the terms of the deal can be changed if Microsoft and ABK both agree to it, but no they cannot try and trick their way past the ruling. If they want to keep operating in the UK then MS cannot buy or invest in any part of ABK for a period of 10 years. If your "TV professionals" did not say that then they are simply ill informed which isn't surprising in this day and age.

This is from the draft of the CMA's final order:

JoYjNKp.png


What do these TV experts think is going to happen? MS buys ABK and just hopes no one tells the CMA? :messenger_grinning_smiling:
 
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Topher

Gold Member
Gaz had a M&A UK lawyer on his weekly podcast. Not some pretend TV expert. He was asked about what can Microsoft do. K Kenshin775 you should watch this.





Effectively, this acquisitions fate is in the hands of the CAT. If the CAT sends this back to the CMA then CMA will have to address the issue and Microsoft can then offer new remedies. That's it. None of this bullshit about creating some other company or carving out cloud will work.
 
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Varteras

Gold Member
Gaz had a M&A UK lawyer on his weekly podcast. Not some pretend TV expert. He was asked about what can Microsoft do. K Kenshin775 you should watch this.





Effectively, this acquisitions fate is in the hands of the CAT. If the CAT sends this back to the CMA then CMA will have to address the issue and Microsoft can then offer new remedies. That's it. None of this bullshit about creating some other company or carving out cloud will work.


Which would require the CAT to find some kind of fault with how the CMA conducted itself. Which is already unlikely. The CMA also already more or less made it clear they're not down for behavioral remedies. So even if the CAT sends it back, and unless there was a significant discrepancy, the CMA isn't going to accept anything less than some type of divestment that Microsoft previously refused. And that divestment, at bare minimum, would require Microsoft to give up Call of Duty and at least 4 of Activision's studios. All of their big ones.
 

Sleepwalker

Member
No my friend, these are the words of salt and insecurity:



Seek professional help.
Man sees himself as some sort of videogame forum batman LMAO


"Fear is a tool […] They think I’m hiding in the shadows. But I am the shadows.”​


"I was indifferent before, but at that moment I realized that I wanted to become what they hate most."

"I am Vengeance, I am Goalus"​

 

reinking

Gold Member
So if this is the case, why are approvals and updates still news at this point? Why not just call it a day?

There are obligations that those other approvals are still going to move forward until the deal is officially cancelled or the CAT sends it back to the CMA and they reverse their decision.


As for why some make it big news...

Cbs Love GIF by LoveIslandUSA
 

drganon

Member
Warning: for people that say ringfencing and changing the deal isnt possible please ignore this post and don't quote as that will just waste people's time and space in the thread. I am just going by what lawyers and financial analysts on TV have said and I know I am not going to change your mind and you aren't going to change mine because I believe the professionals.

To answer your question. The deal can be changed. Hoeg said they can change the terms of the deal to not include the UK. Then MS would have to sell activision UK assets or spin them off as a seperate company in the UK. If that happens the UK cannot sue MS and Activision for NOT merging in their country.

Its not like UK gamers would be left out though. Even if that happens it just means MS would have to pay this seperate company to get CoD and other ABK games on Game Pass in the UK. Which i am sure they would do unless they really want to make the CMA look bad.
The so called professionals you are listening to are idiots. Hoeg especially.
 

Jigsaah

Gold Member
There are obligations that those other approvals are still going to move forward until the deal is officially cancelled or the CAT sends it back to the CMA and they reverse their decision.


As for why some make it big news...

Cbs Love GIF by LoveIslandUSA
This answer is...unsatisfactory...mainly because this would suggest there is a chance that the CMA could reverse the decision. Far as I understand this would only happen if the appeal reveals some flaw in the CMA's reasoning or if they were being less than genuine in some way. So as other territories approve, most notably the EU...there appears to be more nuance to this. I'm seeing a lot of folks on here looking at this in black or white though.

That being said, I will address the other part of the answer. Who decides whether the deal is officially done or not. Microsoft? The regulators? How is the end determined?
 

reinking

Gold Member
This answer is...unsatisfactory...mainly because this would suggest there is a chance that the CMA could reverse the decision. Far as I understand this would only happen if the appeal reveals some flaw in the CMA's reasoning or if they were being less than genuine in some way. So as other territories approve, most notably the EU...there appears to be more nuance to this. I'm seeing a lot of folks on here looking at this in black or white though.

That being said, I will address the other part of the answer. Who decides whether the deal is officially done or not. Microsoft? The regulators? How is the end determined?
I had originally put "in the off chance" before it going back to the CMA but removed it. I understand that it is unlikely (but still not impossible).

My understanding is the current deal expires July 18th and at that time Microsoft will owe Activision 3 billion dollars if it terminates due to being blocked by regulators. I believe the deal can still be extended past that date if Activision is willing to accept a new offer. The deal will end if MS decides to pay the 3 billion and not make an additional offer, or if Activision declines an offer to extend the deal.
 

James Sawyer Ford

Gold Member
What in the world is going on with the Xbox reporting audience? It's not just guys like Senju talking about "working around the UK", it's also people like Grubb and the Xcast crew.

Why do they somehow believe that they can simply "work around" the UK? It is stipulated in the contract Activision signed than the CMA must approve the deal. For this imagined scenario to even be a reality, Activision must come to a new agreement with Microsoft rather than taking the $3B. Even assuming that they agree to a new contract, it's still a legal nightmare to believe you can "work around the UK" - in effect, you can't simply say you are going to not offer Activision products in the UK, the rammifications in terms of legal issues go much broader than that as it would be in violation of UK securities laws.

 
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Topher

Gold Member
This answer is...unsatisfactory...mainly because this would suggest there is a chance that the CMA could reverse the decision. Far as I understand this would only happen if the appeal reveals some flaw in the CMA's reasoning or if they were being less than genuine in some way. So as other territories approve, most notably the EU...there appears to be more nuance to this. I'm seeing a lot of folks on here looking at this in black or white though.

That being said, I will address the other part of the answer. Who decides whether the deal is officially done or not. Microsoft? The regulators? How is the end determined?

CMA will only modify their findings based on the appeal, you are correct. There isn't anything black and white here. The deal is on until Microsoft gives up the effort or they exhaust all legal avenues in the UK. So it ain't over no matter what anyone says. This can drag on for two or more years if Microsoft wins appeal.
 

feynoob

Member
What in the world is going on with the Xbox reporting audience? It's not just guys like Senju talking about "working around the UK", it's also people like Grubb and the Xcast crew.

Why do they somehow believe that they can simply "work around" the UK? It is stipulated in the contract Activision signed than the CMA must approve the deal. For this imagined scenario to even be a reality, Activision must come to a new agreement with Microsoft rather than taking the $3B. Even assuming that they agree to a new contract, it's still a legal nightmare to believe you can "work around the UK" - in effect, you can't simply say you are going to not offer Activision products in the UK, the rammifications in terms of legal issues go much broader than that as it would be in violation of UK securities laws.


"Gamers discovering real life laws".
 
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