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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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Bernoulli

M2 slut
I know quoting myself probably seems wrong, but this part of a previous comment made was really about whether Microsoft have made a bit of a mistake getting Beard to represent them.


AFAIK Beard was highly successful pre Brexit building his reputation where he only needed to win in the EU to win all the nations states, too.

Seeing the judge uninterested in how the EU do electronic documents makes me think that Beard's ideal scenario for fighting this appeal was to say the EU approved, here let me transpose their argument for a do over at the CAT and override the CMA argument, which I think is exactly the opposite of what a reinvigorated UK authority - as the highest authority for Competition in the land, since Brexit - wants to hear and will be hostile to such a tactic, more than say, if he said this is how the CADE do it and made their decision :)

Beard wanting it all to be like his normal EU safe space in a procedural way, suggests he might be a little off his game when the tribunal's implementation is going customized to the trial to save the judge work, and lower the burden on the CMA - going by the judges comments at the end.
Didn't Beard at that moment say that he is pushing the UK system to change something to become like EU?
 

PaintTinJr

Member
Didn't Beard at that moment say that he is pushing the UK system to change something to become like EU?
Are you meaning something outside of the appeal - for our entire legal system - or are you referring to the part of the cmc where they were talking about the judge wanting digital file numbering across all submissions to be the same, so everyone referred to the same document by the same file number, and Beard proposed adopting the EU's tabbed evidence system - if my faded memory remembers correctly?
 
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Are you meaning something outside of the appeal - for our entire legal system - or are you referring to the part of the cmc where they were talking about the judge wanting digital file numbering across all submissions to be the same, so everyone referred to the same document by the same file number, and Beard proposed adopting the EU's tabbed evidence system - if my faded memory remembers correctly?

This part is really confusing me.

Why is this method of organising evidence important?

And if it is why wouldn't the CAT accept it?
 

Ogbert

Member
This part is really confusing me.

Why is this method of organising evidence important?

And if it is why wouldn't the CAT accept it?
Because a very basic tactic in contentious matters is to overwhelm the opposing party with mountains of material and make it difficult for them to locate necessary material.

Another basic tactic is to pretend you are being overwhelmed with evidence and feign confusion.

The hearing was essentially a ‘case management’ meeting where everyone decides timeframes and administrative matters. It’s why they sent a junior.
 

Kilau

Gold Member
It is. the commitment was for their games and if Activision gets approved.

Xcloud doesn't have mouse and keyboard support currently and it's only console version. So gamepass pc doesn't get any support.
Yes, that is what I was saying. Xcloud doesn't have PC versions. This deal with Nvidia is extending them into a cloud market they don't currently support.
 

Bernoulli

M2 slut
Are you meaning something outside of the appeal - for our entire legal system - or are you referring to the part of the cmc where they were talking about the judge wanting digital file numbering across all submissions to be the same, so everyone referred to the same document by the same file number, and Beard proposed adopting the EU's tabbed evidence system - if my faded memory remembers correctly?
Outside the deal, he said something like I'm very vocal about how i want to change the system to be like the EU
Wich system precisely i don't remember
 
Because a very basic tactic in contentious matters is to overwhelm the opposing party with mountains of material and make it difficult for them to locate necessary material.

Another basic tactic is to pretend you are being overwhelmed with evidence and feign confusion.

The hearing was essentially a ‘case management’ meeting where everyone decides timeframes and administrative matters. It’s why they sent a junior.

Well if they need time to sort through the evidence they can always push back dates. But that's something I'm sure Microsoft doesn't want.

I guess it does make sense to limit the evidence if they want to expedite the process.
 

sainraja

Member
Agree. That's why I don't put any weight behind Google's claims as far as MS is concerned. If they had created a compelling product, like Nvidia did, then that would be different, but Google just sucked at gaming and their demise was inevitable.
There is no magic formula for a "compelling" product, and isn't that sort of obvious? Any company that puts out a compelling product will achieve some success, but you don't know what that is until you step forward with something. I think Google's understanding of gaming and gamer buying habits was misplaced; they went with B2P for a technology that is made for a subscription payment model. I think they started working on Stadia when gamers were all about physical media and being able to "own" their games; now it is mostly all digital anyway—people are definitely more accepting of it. Google tried to do that with streaming which doesn't really work the same way.

Tech wise, they obviously worked on their own tech vs using someone else's. So they did the work, and I believe they are still using that as white-label now.

Sure, Google may have misfired initially and most likely considered pivoting, but I am sure they got wind of publishers being bought up before any of us, which likely influenced what they did (yes, purely a guess on my part). I mean, Microsoft publicly called out Google and Amazon as their competitors, sidelining Sony and Nintendo.

They definitely could have tried harder. No doubt.
 
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Corrik

Member
It shows MS is following their part of the deal.
Yes, everything going to the streaming services is a part of the remedy agreements. They are fulfilling them before close on the Xbox end to show their commitment and earnestness to the offer.

They likely won't pull them if it falls through, but Microsoft doesn't seem likely to let it fall through. Even if it takes drastic measures to close the deal.
 

sainraja

Member
No, google didn't bother themselves that much.
There were a lot of content that weren't up for sale by other companies.

Unlike Nvidia, google went with its own system. It was like a mini console, but only works through cloud. That itself made the service limited.



Had google used windows OS, they would have been able to get a lot of content. They limited themselves, and paid the price.
I mean, they worked on the technology side of it, did they not? The overall UX of Stadia was pretty neat. They made some mistakes which they could have corrected, outside of going into a bidding war over content, which they decided not to do.
 
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Yes, everything going to the streaming services is a part of the remedy agreements. They are fulfilling them before close on the Xbox end to show their commitment and earnestness to the offer.

They likely won't pull them if it falls through, but Microsoft doesn't seem likely to let it fall through. Even if it takes drastic measures to close the deal.

Which drastic measures are you talking about?

I guess the CMA could demand divestment instead of completely blocking it. But I'm not sure if Microsoft would accept that.

As for those agreements they already signed them for 10 years so they have to honor them. Unless Microsoft includes the failure of the merger as a way out.
 
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Topher

Gold Member
There is no magic formula for a "compelling" product, and isn't that sort of obvious? Any company that puts out a compelling product will achieve some success, but you don't know what that is until you step forward with something. I think Google's understanding of gaming and gamer buying habits was misplaced; they went with B2P for a technology that is made for a subscription payment model. I think they started working on Stadia when gamers were all about physical media and being able to "own" their games. Google tried to meet the model and obviously worked on their own tech vs using someone else's.

Sure, Google may have misfired initially and most likely considered pivoting, but I am sure they got wind of publishers being bought up before any of us, which likely influenced what they did (yes, purely a guess on my part). I mean, Microsoft publicly called out Google and Amazon as their competitors, sidelining Sony and Nintendo.

Frankly, I'm shocked that Google thought that what they had was compelling even in concept. No, there isn't a formula, but there is some common sense that comes along with being experienced in the industry. Experience Google thought they had hired with Phil Harrison, but I think those who follow the industry closely looked at that hire sideways. So yeah, I agree their understanding of "gaming and gamer buying habits was misplaced". I think we can probably have a top 10 of "sins" for Stadia before we even get to external events (such as Bethesda acquisition) having any impact on their business.
 

feynoob

Member
I mean, they worked on the technology side of it, did they not? The overall UX of Stadia was pretty neat. They made some mistakes which they could have corrected, outside of going into a bidding war over content, which they decided not to do.
It was the best service out of all them. Had google trusted this service, they would have produced something special.
 

Godot25

Banned
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 :eek:

Sooo...Pachter was right?
 
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feynoob

Member
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 :eek:

Sooo...Pachter was right?
Fox Tv Popcorn GIF by The Four
 

Corrik

Member
Which drastic measures are you talking about?

I guess the CMA could demand divestment instead of completely blocking it. But I'm not sure if Microsoft would accept that.

As for those agreements they already signed them for 10 years so they have to honor them. Unless Microsoft includes the failure of the merger as a way out.
A lot of articles coming out about them exploring ways to close around the CMA if the block remains.
 

Bernoulli

M2 slut
- 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.
So it's an Activision decision :messenger_open_mouth:
 
This is to show cma and other regulatories that they are honering their part of the deal.

I think your getting the merger confused with the concessions. The merger has its own set of agreements. The concessions is what Microsoft is doing to address the concerns of the regulators.
 

Topher

Gold Member
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 :eek:

Sooo...Pachter was right?

Sounds to me like Microsoft is using MLex as a double agent to spread disinformation. I suppose they could actually be "looking at ways to close", but I'm still calling bullshit on anything leading to an attempt to exist from the UK.
 
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 :eek:

Sooo...Pachter was right?
I want to see what happens while FTC is still busy suing to stop this deal. Will MS also choose to leave the US to make sure it closes?
 

Corrik

Member
I want to see what happens while FTC is still busy suing to stop this deal. Will MS also choose to leave the US to make sure it closes?
The moment they file an injunction to stop the close, they will lose. It's why the CMA is likely working with the US FTC here to kill the deal. Microsoft has outright already said they would have closed already if not for the CMA ruling.
 

Bernoulli

M2 slut
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 :eek:

Sooo...Pachter was right?
This will also raise concerns for any future purchases from Microsoft if they try to circumvent the CMA
Even regulators that more reliant will now use this as a precedent
Also means they are not confident in the appeal
And Activision holds all the cards, if they pull out before the 18th it's over
 

Corrik

Member
This will also raise concerns for any future purchases from Microsoft if they try to circumvent the CMA
Even regulators that more reliant will now use this as a precedent
Also means they are not confident in the appeal
And Activision holds all the cards, if they pull out before the 18th it's over
It will cause concerns from Microsoft going forward with any acquisition in an emerging market or subset of a market that is emerging in delivery model.

If they don't fight this deal, they can likely be blocked in many acquisitions in the future that could threaten them in core markets.
 

Riky

$MSFT
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 :eek:

Sooo...Pachter was right?

I think this is just to put pressure on CMA.
Best to wait until the CAT decision and hope it gets sent back first, then offer additional remedies.
A few things they could do,

Turn off Xcloud in the UK, not all markets have access to it even with Gamepass Ultimate.

Seperate Xcloud from Gamepass Ultimate in the UK and make it a different subscription, this would massively lower their cloud market share in the UK.

Agree not to offer Activision games in the UK via Xcloud.

I think the second option makes the most sense.
 

NickFire

Member
It sounds like a recipe for disaster if they get Activision to pull out of the UK just to close while still dealing with FTC. But if that's what it takes to compete then why not? Get it done Phil. :messenger_grinning_sweat:
 

Godot25

Banned
This will also raise concerns for any future purchases from Microsoft if they try to circumvent the CMA
Even regulators that more reliant will now use this as a precedent
Also means they are not confident in the appeal
And Activision holds all the cards, if they pull out before the 18th it's over
I would argue that if they don't push this through by whatever means, all their future purchases (and not only theirs, but also purchases from other Big Tech) are fucked.
 

feynoob

Member
Turn off Xcloud in the UK, not all markets have access to it even with Gamepass Ultimate.

Seperate Xcloud from Gamepass Ultimate in the UK and make it a different subscription, this would massively lower their cloud market share in the UK.

Agree not to offer Activision games in the UK via Xcloud.

I think the second option makes the most sense.
bcf.png
 

Bernoulli

M2 slut
I think this is just to put pressure on CMA.
Best to wait until the CAT decision and hope it gets sent back first, then offer additional remedies.
A few things they could do,

Turn off Xcloud in the UK, not all markets have access to it even with Gamepass Ultimate.

Seperate Xcloud from Gamepass Ultimate in the UK and make it a different subscription, this would massively lower their cloud market share in the UK.

Agree not to offer Activision games in the UK via Xcloud.

I think the second option makes the most sense.
Again the pressure narrative, don't forget the wrong math and UK is closed fir business
Here We Go Again GIF
 

NickFire

Member
I would argue that if they don't push this through by whatever means, all their future purchases (and not only theirs, but also purchases from other Big Tech) are fucked.
Your opinion is as valid as anyone's. But hard disagreement on this one. Corporations basically telling 1st world governments that they are above the rules is begging for problems around the world. All the feigned concern about social issues would become swiss cheese armor when the news cycle turns into large corporation says they are above the law now.
 

DeepEnigma

Gold Member
- 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.
Barnum And Bailey Circus GIF
 

feynoob

Member
But I thought the new narrative being constructed by the base is that cloud is irrelevant, again?
That is ignorant people. They only want a W for their team.
People outside of this deal care about cloud. And moves like this is positive, as it allows other 3rd party to put their games on nvidia and other services.
 
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