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[Negotiator101]

Do we have a bored super Sherlock Holmes who quotes all those guys like me who were like 'This is 100% gonna fail?

Listen the deal is still not done, I heard a 5% chance of going through from someone around here not looking up who it was as they still could be right. I'm more interested in how Microsoft are gonna play this before the 18th deadline? We still haven't heard about any extension and the CMA have seemingly not budged

 

[Heisenberg007]

So the CMA lied? You can’t say the problem is cloud and the have a remedy that has nothing to do with cloud.

No they didn't. The combination of owning COD/ABK with Microsoft's strength in Cloud is the problem for the CMA.

 

[Mozza]

The deal is still not going through. I'm not drinking cum

Get that Greystation sold... you know you want to....

 

[PatientGamer]

After that 2nd court rejection, the FTC can't really do much more here. Microsoft has 3 days to close by the 18th right?

Gaming will be changed forever, just hope it's for the better but unfortunately can't see it being so.

 

[Negotiator101]

Regulators representing 41 countries have looked at the market situation and not seen any issue.

One found some issues and they seem to be on the way to be resolved.

Maybe you guys are just over-reacting and wrong?

I agree but each market is different in one way or another but IMO the CMA actually have a weaker argument than the FTC by zoning in on the potential of an incredibly small cloud gaming sector.

 

[Hero of Spielberg]

The process that the CMA follows allows them to do in-depth research and then give the companies (Microsoft in this case) ample time to address their concerns. There is also a clear pathway for elaborate appeals (which is what has been and is currently in motion). The CMA are literally the reason Microsoft agreed to concessions with the EU since at that point it dawned on them that it wasn't going to be plain sailing anymore so they cut a deal with the EU that ultimately proved to be favourable for both parties.

Overall the process that the EU has is very similar to the CMA, the primary difference being that it's less transparent and they they are far more lenient (because they take a more favourable view to dishing out retrospective fines after the damage has been done). It was getting that agreement with the EU which set the wheels in motion for where we are today.

The regulatory process in America is literal chaos. There's no in depth research done by subject matter experts (they don't have the capacity) and then it's all straight to court (which, again, they don't have the capacity for either considering the shocking incompetence of their lawyers).

For all the CMAs research they really fucked up their console SLC and if they were so certain on cloud you’d think with all their correspondence with the FTC they would have shared some info for their case. It looks more like the CMA (in this case) had a predetermined decision that they tried to backfill hoping they’d be helped out by the FTC … hasn’t happened and so only now do they appear open to negotiations.

 

[GHG]

After that 2nd court rejection, the FTC can't really do much more here. Microsoft has 3 days to close by the 18th right?

Gaming will be changed forever, just hope it's for the better but unfortunately can't see it being so.

No, there's nothing else the FTC can do.

For all the CMAs research they really fucked up their console SLC and if they were so certain on cloud you’d think with all their correspondence with the FTC they would have shared some info for their case. It looks more like the CMA (in this case) had a predetermined decision that they tried to backfill hoping they’d be helped out by the FTC … hadn’t happened and do only now do they appear open to negotiations.

They didn't fuck up with the console SLC, they did exactly the right thing with it in deciding not to take things forward with it following their initial research. The FTC would have had access to exactly the same things that the CMA did but they are simply incompetent and decided to focus on the console SLC side of things (failing to take the hint from the CMA).

You have things backwards by the way. Given their lack of power, the FTC were looking to the CMA and EU to help them out. After the EU decision the FTC panicked and decided to bring things forwards. The FTC hoped that they could get the PI and that paired with the CMA's decision would kill the deal without needing to go through with the full trial process - huge mistake. All they have done in doing so is make things 1000 times easier for Microsoft to close the deal before the July deadline.

It's also worth noting that Microsoft reached out to the CMA with a new proposal (that the CMA then said they were willing to consider) at some point between the EU decision and the conclusion of the FTC trial. The exact timing on that however is yet to be made public.

 

[Varteras]

The deal is still not going through. I'm not drinking cum

 

[Dick Jones]

After that 2nd court rejection, the FTC can't really do much more here. Microsoft has 3 days to close by the 18th right?

Gaming will be changed forever, just hope it's for the better but unfortunately can't see it being so.

The only options for the FTC is to drop the case or continue the case in August as planned to unwind the acquisition should that happen before the court case. The start of the court case is before the August CMA date so it depends on whether the CMA and MS have an agreement to allow the acquisition by the 18 July.

 

[Mozza]

The only options for the FTC is to drop the case or continue the case in August as planned to unwind the acquisition should that happen before the court case. The start of the court case is before the August CMA date so it depends on whether the CMA and MS have an agreement to allow the acquisition by the 18 July.

Yes, with all the evidence pointing to the fact this deal will go through, total denial is always the best.

 

[ToadMan]

The only options for the FTC is to drop the case or continue the case in August as planned to unwind the acquisition should that happen before the court case. The start of the court case is before the August CMA date so it depends on whether the CMA and MS have an agreement to allow the acquisition by the 18 July.

But it would be unusual for the FTC to proceed with the August trial now.

Yes the FTC still has that option, but in the past having lost in Federal court they have withdrawn the Administrative court proceedings too.

Maybe this time will be different - or maybe the FTC will wait and see what MS does post acquisition and how things shake out. There's no timescale on this, if things materially change in the way MS conducts business post acquisition, the FTC can bring the case again.

 

[Hero of Spielberg]

No, there's nothing else the FTC can do.



They didn't fuck up with the console SLC, they did exactly the right thing with it in deciding not to take things forward with it following their initial research. The FTC would have had access to exactly the same things that the CMA did but they are simply incompetent and decided to focus on the console SLC side of things (failing to take the hint from the CMA).

You have things backwards by the way. Given their lack of power, the FTC were looking to the CMA and EU to help them out. After the EU decision the FTC panicked and decided to bring things forwards.

It's also worth noting that Microsoft reached out to the CMA with a new proposal (that the CMA then said they were willing to consider) at some point between the EU decision and the conclusion of the FTC trial. The exact timing on that however is yet to be made public.

The CMAs months long research was wrong and the backflipped and went to their next best argument which was the flimsy cloud case.

Again, if the FTC were reliant on CMA /EU for intel then why didn’t they push the cloud harder in their case?

The CMA had insisted the deal was blocked until the FTC lost their case, regardless of who reached out to who. If the FTC had stood up there’s no way CMA entertains further resolution

 

[ShadowNate]

I feel sick reading this

Xbox Fans Spam Every FTC Post After Activision Blizzard Lawsuit Loss

Xbox fans spam the FTC and send abuse to its commissioner following the acquisition lawsuit.

www.thegamer.com

It's actually trashing the "fans" that are doing this, so I found it funny.

Didn't expect anything better from those "fans" anyway.

 

[Dick Jones]

Yes, with all the evidence pointing to the fact this deal will go through, total denial is always the best.

I spelt out all their options. Now trigger this post and fuck off.

 

[X-Wing]

Regulators representing 41 countries have looked at the market situation and not seen any issue.

One found some issues and they seem to be on the way to be resolved.

Maybe you guys are just over-reacting and wrong?

This is false though. Several regulators had issues with the merger. Canada, UK, EU, USA, New Zealand, Australia… the fact that even then they didn’t manage to stop the merger, or settled for some remedies, shows how weak regulation actually is.

 

[Dick Jones]

But it would be unusual for the FTC to proceed with the August trial now.

Yes the FTC still has that option, but in the past having lost in Federal court they have withdrawn the Administrative court proceedings too.

Maybe this time will be different - or maybe the FTC will wait and see what MS does post acquisition and how things shake out. There's no timnescale on this - if things materially change in the way MS conducts business post acquisition, the FTC can bring the case again.

I think the FTC won't say anything until the CMA /MS situation becomes clearer next week. If the merger is provisionally agreed by the CMA, the FTC will gain no traction to continue the case.

 

[Mozza]

I spelt out all their options. Now trigger this post and fuck off.

Not been to that safe space I see..... ever thought of anger management?.

 

[acm2000]

i have never in my life seen a thread more full of copium than this one, its an incredible read.

 

[ToadMan]

I think the FTC won't say anything until the CMA /MS situation becomes clearer next week. If the merger is provisionally agreed by the CMA, the FTC will gain no traction to continue the case.

Yeah that could be on the cards. The FTC don't normally announce whether they'll discontinue right away anyway so maybe they'll wait and see next week.

If the CMA ruling really does push things out to August then I can see the FTC continuing with their court based on MS having to hols ATVI separate.

 

[Mozza]

i have never in my life seen a thread more full of copium than this one, its an incredible read.

It's just so much fun, was always going to be though.

 

[Dick Jones]

Not been to that safe space I see..... ever thought of anger management.

 

[Mozza]

Not sure you have a point, or ever had one, but feel free to keep up with the insults.

 

[The Pleasure]

Because the worker is stupid or just wants to suck balls? You think a studio worker would be privy to what's happening in negotiations with a regulatory body? lol.

They haven't closed the acquisition yet. So any "welcome to family" tweet is premature as is.

Deal looks good, sure, but you're forgetting that it is still officially blocked.

Perhaps Phil is trying to see how wide their mouths open in preparation for the microsoft suck off competition?

 

[GHG]

The CMAs months long research was wrong and the backflipped and went to their next best argument which was the flimsy cloud case.

Yeh, the cloud case which was so flimsy that Microsoft were willing to agree to concessions in that area with the EU and are now negotiating divestment with the CMA on.

Corley even referenced the fact that cloud could be worth looking at due to the stipulation that consoles will disappear in due course but the FTC judged failed to take the hint (by that point it was too late anyway since they were lazer focused on consoles during the previous days of the trial).

Again, if the FTC were reliant on CMA /EU for intel then why didn’t they push the cloud harder in their case?

Incompetence. A few of us spoke about this while the trial was live. The judge was giving them hints (on what they should focus on) throughout the trial but they failed to latch on.

The CMA had insisted the deal was blocked until the FTC lost their case, regardless of who reached out to who. If the FTC had stood up there’s no way CMA entertains further resolution

If the FTC had been successful in getting the PI then Microsoft would have killed the deal (they said so themselves), effectively putting an end to any negotiations they were having with the CMA in the background.

 

[Dick Jones]

Yeah that could be on the cards. The FTC don't normally announce whether they'll discontinue right away anyway so maybe they'll wait and see next week.

If the CMA ruling really does push things out to August then I can see the FTC continuing with their court based on MS having to hols ATVI separate.

I could see a provisional agreement between the CMA and MS not to integrate the companies until the CMA/CAT process is complete so the CMA would likely look for divestment at the end should MS fail and MS get to close the deal. MS could get fucked properly if they lose that way.

 

[Hero of Spielberg]

Yeh, the cloud case which was so flimsy that Microsoft were willing to agree to concessions in that area with the EU and are now negotiating divestment with the CMA on.

Corley even referenced the fact that cloud could be worth looking at due to the stipulation that consoles will disappear in due course but the FTC judged failed to take the hint (by that point it was too late anyway since they were lazer focused on consoles during the previous days of the trial).



Incompetence. A few of us spoke about this while the trial was live. The judge was giving them hints throughout the trial but they failed to latch on.



If the FTC had been successful in getting the PI then Microsoft would have killed the deal (they said so themselves), effectively putting an end to any negotiations they were having with the CMA in the background.

MS are trying to get the deal done, hence the reasonable concessions in EU … Unbelievably to me the EU have been the most reasonable in actually coming to the table and getting something out of this.

The ‘incompetence’ excuse just isn’t plausible to that extent. They literally had dozens of calls with the CMA but fail to communicate that the only thing they e been able to hold up is the cloud? I’ve worked with some incompetent fucktards in my time but I think even they would figure that one out.

In that case the CMA is independent so what difference to them does it make if they negotiate a deal beforehand? Unless MS we’re holding out for the FTC decision so they could arrange a down to the wire haggle with the CMA? Maybe, but again not very plausible

 

[Team Andromeda]

Hopefully come Monday it will be done and we can move on to SEGA, next Wednesday LOL

 

[Mozza]

MS are trying to get the deal done, hence the reasonable concessions in EU … Unbelievably to me the EU have been the most reasonable in actually coming to the table and getting something out of this.

The ‘incompetence’ excuse just isn’t plausible to that extent. They literally had dozens of calls with the CMA but fail to communicate that the only thing they e been able to hold up is the cloud? I’ve worked with some incompetent fucktards in my time but I think even they would figure that one out.

In that case the CMA is independent so what difference to them does it make if they negotiate a deal beforehand? Unless MS we’re holding out for the FTC decision so they could arrange a down to the wire haggle with the CMA? Maybe, but again not very plausible

The CMA's whole stance on this deal shows thy have very little understanding of cloud gaming.

 

[Mozza]

Hopefully come Monday it will be done and we can move on to SEGA, next Wednesday LOL

It's all done and dusted, just a few loose ends to tie up.

 

[Ass of Can Whooping]

You lot better not disappear again when there's more hiccups

 

[Bernardougf]

This is pretty much a done deal based on everything that was said today. Barring something very unexpected, this is done. The chance of this deal failing is probably at the same odds the FTC needed to get their emergency stay at the 9th circuit.

Maybe... but I heard the same thing a couple of months ago about the same CMA and things didn't quite go your way ... so ... If I were you Ill be a little more cautious

 

[Mozza]

You lot better not disappear again when there's more hiccups

Like a lot of other people vacated this thread, when the deal was pretty much approved, works both ways.

 

[Ass of Can Whooping]

Like a lot of other people vacated this thread, when the deal was pretty much approved, works both ways.

Lol no, most of us even on the against camp have been here through thick and thin

 

[Mozza]

Lol no, most of us even on the against camp have been here through thick and thin

True, but posted a lot less...

 

[Hero of Spielberg]

The CMA's whole stance on this deal shows thy have very little understanding of cloud gaming.

I don’t think they ever intended on understanding it. It was a means to an end for them

 

[Ass of Can Whooping]

I don’t think they ever intended on understanding it. It was a means to an end for them

This gets touted a lot by people who haven't actually read what the CMA have said on the cloud

 

[Bernardougf]

One day I'll wake up and instead of all this bs I'll have diablo 4 and cod's on my gamepass.
Imagine all the cod's from 360 era dropping on gamepass
My god that will be glorious

Until one day you wake up playing more lower quality games, owning nothing, renting everything and paying more per/game played them before

Be careful what you wish for

 

[POKEYCLYDE]

The deal is still not going through. I'm not drinking cum

Come Monday:

Maybe... I don't know. Who the hell knows what's really gonna happen.

 

[Dick Jones]

You lot better not disappear again when there's more hiccups

They'll disappear like an announced Xbox First Party title if the CMA win.

 

[Heisenberg007]

Like a lot of other people vacated this thread, when the deal was pretty much approved, works both ways.

The regulars are still here and have always been. Who are "a lot of people" who are missing?

 

[Heisenberg007]

Until one day you wake up playing more lower quality games, owning nothing, renting everything and paying more per/game played them before

Be careful what you wish for

"Passion projects"

 

[Mozza]

This gets touted a lot by people who haven't actually read what the CMA have said on the cloud

None of this was ever about the cloud or protecting the industry or gamers, even though those were the reasons given, it was always about protecting the market leader, who have always been the main objector to this whole deal in the first place. This deal will be great for the industry and gamers as a whole, just not a great for Sony and it's fans.

 

[Dick Jones]

"Passion projects"

Ding ding ding.

Then episodic passion projects.

Budget cuts to all unannounced games, and it seems they are starting with Halo Infinite +1

 

[GHG]

MS are trying to get the deal done, hence the reasonable concessions in EU … Unbelievably to me the EU have been the most reasonable in actually coming to the table and getting something out of this.

It helps that the CMA will have softened Microsoft prior to them needing to meet with the EU regulators. In order for negotiations to take place regarding concessions and divestment it requires both parties to be willing to sit at the table. With the CMA Microsoft said no to both discussing concessions and divestment when they were proposed. After the CMA threw the hammer down Microsoft were more than willing to discuss concessions with the EU and they are now back with the CMA discussing divestment.

The ‘incompetence’ excuse just isn’t plausible to that extent. They literally had dozens of calls with the CMA but fail to communicate that the only thing they e been able to hold up is the cloud? I’ve worked with some incompetent fucktards in my time but I think even they would figure that one out.

Seriously, if you haven't yet go back and listen to the FTC trial. The level of incompetence was beyond belief. If you want to see what the discourse was like here at the time then start here:

https://www.neogaf.com/threads/microsoft-activision-deal-approval-watch-ot-update-ftc-files-for-appeal-cma-while-open-to-new-restructure-its-decision-to-block-still-stands.1641775/post-268133689

It was bad. If you are ever in trouble, get forced to take a public attorney and you're assigned any of the FTC lawyers that dealt with this trial then do yourself a favour, skip going to court and just put yourself in jail.

In that case the CMA is independent so what difference to them does it make if they negotiate a deal beforehand? Unless MS we’re holding out for the FTC decision so they could arrange a down to the wire haggle with the CMA? Maybe, but again not very plausible

Microsoft themselves said that they would no longer persue the deal if the FTC got the PI. They may have been bluffing to create a sense of urgency due to the deal deadline fast approaching but if we assume that's true then had the FTC been successful they would no longer have needed to talk to the CMA, and whatever concessions they agreed to with the EU also become irrelevant.

If I were to take a guess then it would be that Microsoft will have gone to the CMA with a divestment proposal for them to consider on the condition that the FTC's PI was unsuccessful. Hence the CMA have now put the wheels in motion to start doing the necessary work to make a decision on the divestment proposal which will now run through to (up to) August.

 

[Mozza]

The regulars are still here and have always been. Who are "a lot of people" who are missing?

They could all still be here, not checked to be honest.

It helps that the CMA will have softened Microsoft prior to them needing to meet with the EU regulators. In order for negotiations to take place regarding concessions and divestment it requires both parties to be willing to sit at the table. With the CMA Microsoft said no to both discussing concessions and divestment when they were proposed. After the CMA threw the hammer down Microsoft were more than willing to discuss concessions with the EU and they are now back with the CMA discussing divestment.



Seriously, if you haven't yet go back and listen to the FTC trial. The level of incompetence was beyond belief. If you want to see what the discourse was like here at the time then start here:

https://www.neogaf.com/threads/microsoft-activision-deal-approval-watch-ot-update-ftc-files-for-appeal-cma-while-open-to-new-restructure-its-decision-to-block-still-stands.1641775/post-268133689

It was bad. If you are ever in trouble, get forced to take a public attorney and you're assigned any of the FTC lawyers that dealt with this trial then do yourself a favour, skip going to court and just put yourself in jail.



Microsoft themselves said that they would no longer persue the deal if the FTC got the PI. They may have been bluffing to create a sense of urgency due to the deal deadline fast approaching but if we assume that's true then they would no longer have needed to talk to the CMA and whatever concessions they agreed to with the EU also become irrelevant.

If I were to take a guess then it would be that Microsoft will have gone to the CMA with a divestment proposal for them to consider on the condition that the FTC's PI was unsuccessful. Hence the CMA have now put the wheels in motion to start doing the necessary work to make a decision on the divestment proposal which will now run through to (up to) August.

Microsoft do not get that far and simply give up, they knew there would be opposition to this deal right after they announced it, if anyone thinks they have not factored any of this in, they are seriously deluded.

 

[Ass of Can Whooping]

None of this was ever about the cloud or protecting the industry or gamers, even though those were the reasons given, it was always about protecting the market leader, who have always been the main objector to this whole deal in the first place. This deal will be great for the industry and gamers as a whole, just not a great for Sony and it's fans.

Yeah, a market regulator just used a market as an excuse to protect a company

gg

 

[Mozza]

Yeah, a market regulator just used a market as an excuse to protect a company

gg

The FCA's whole case seemed to focus on the impact for Sony, if they had suggested it was bad for the wider gaming market, and pursued that line, perhaps the outcome would have been different. At least the CMA tried to suggest a different reason, for a little variety.

 

[Ass of Can Whooping]

The FCA whole case seemed to focus on the impact for Sony, if they had suggested it was bad for the wider gaming market, and pursued that line, perhaps the outcome would have been different.

Are we not talking about the CMA here? We all established the FTC was a joke during the hearing

 

[GHG]

Microsoft do not get that far and simply give up, they knew there would be opposition to this deal right after they announced it, if anyone thinks they hade not factored any of this in, they are seriously deluded.

The problem is, if the FTC had been successful in getting the PI and the July 18th deadline approaches then it's no longer their decision alone to make.

I don't think Microsoft themselves would have wanted to give up, but rather it would have been activision potentially throwing in the towel.

 

[Bernardougf]

They could all still be here, not checked to be honest.

Microsoft do not get that far and simply give up, they knew there would be opposition to this deal right after they announced it, if anyone thinks they hade not factored any of this in, they are seriously deluded.

Are you serious ?? After their meltdown soon as CMA blocked the deal ? ... no.. they didnt expect having to go this far out .... some oposition is always expected.. but a full block from the CMA i can pretty much guarantee was not expected