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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

Gold Member

Heisenberg007

Gold Journalism
Anybody knows what's happening with the CMA? I vaguel recall they are waiting for a deadline? But I've actually forgotten where we last left them with this acquisition.
 

DeepEnigma

Gold Member
The Country Music Awards were surprisingly not vocal about this acquisition
Cowboy Yeehaw Agenda GIF by NPO Radio 2
 
Oh My God Omg GIF by The Office


Alright guys, Chile. Chile just approved the deal. And we all know nobody truly important decides until Chile decides.

With that said, let me lay out the ground rules for the next 40 pages over the next 2 days. No rabbit punches, no biting (unless you're being strangled to death and need help breathing), no "your mama" jokes (unless mod approved), and no real life meet ups that then turn into street fights. Let's keep it clean! And go!

triple h fighting GIF by WWE
 

DeepEnigma

Gold Member
Oh My God Omg GIF by The Office


Alright guys, Chile. Chile just approved the deal. And we all know nobody truly important decides until Chile decides.

With that said, let me lay out the ground rules for the next 40 pages over the next 2 days. No rabbit punches, no biting (unless you're being strangled to death and need help breathing), no "your mama" jokes (unless mod approved), and no real life meet ups that then turn into street fights. Let's keep it clean! And go!

triple h fighting GIF by WWE
Is that a country, or?

Now I'm hungry.
 

Heisenberg007

Gold Journalism
Well, we are only about 3 weeks from when the break up fee starts escalating.

https://www.marketwatch.com/story/a...icrosoft-buyout-deal-is-terminated-2022-01-19

So the end might actually be near. At a minimum MS will have to increase its exposure to keep moving forward To the tune of 500 million. Will be interesting 3 weeks unless they push out break up fee escalation dates.
Sorry for the noob question, but I'm just double-checking.

Your theory is that the next 3 weeks are important because there is a probability that MS can provide Activision the notice of termination? That would save them around $1 billion in case the acquisition gets blocked.

But chances of MS issuing that notice seems pretty slim, don't you think? It'd basically be MS giving up on the acquisition. Or am I missing something?
 

DeepEnigma

Gold Member

Wulfer

Member
GIF by Justin


A practice both participate in that doesn't require regulation. Just like High on Life. Zoiks!
Your so right, but, it didn't hurt Sony on embellishing how they couldn't live without COD. Embellishing and exaggerating the facts are apart of the game! Also, Stalker 2 doesn't have a release date so, there's still time for Sony to break the exclusivity. They've done it before.
 
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NickFire

Member
Sorry for the noob question, but I'm just double-checking.

Your theory is that the next 3 weeks are important because there is a probability that MS can provide Activision the notice of termination? That would save them around $1 billion in case the acquisition gets blocked.

But chances of MS issuing that notice seems pretty slim, don't you think? It'd basically be MS giving up on the acquisition. Or am I missing something?
Unless the reports were wrong or deal was modified, then the break up fee escalates on January 18th from 2 B to 2.5 B. The escalation from 2.5 B to 3 B comes later on.

As for chances, I’m guessing an entire team of accountants and lawyers are mulling approval related things over both in US and all other major countries / blocs. I have no clue how likely they are to abandon it at this point. It’s only 1/2 a billion, but it’s still 1/2 a Billion. What their maximum risk tolerance is for another 1/2 a billion is tough to gauge. It is MS with deep pockets.

Absolutely will be a fun ride though. Even if they have risk tolerance left, they will put a full court press on.
 

feynoob

Gold Member
Well, we are only about 3 weeks from when the break up fee starts escalating.

https://www.marketwatch.com/story/a...icrosoft-buyout-deal-is-terminated-2022-01-19

So the end might actually be near. At a minimum MS will have to increase its exposure to keep moving forward To the tune of 500 million. Will be interesting 3 weeks unless they push out break up fee escalation dates.
That is not how that works.
That fee would only trigger if either party walks away from this deals.
Meaning either MS or Activision would pay that fee, if they terminate the deal.
 
I am glad you find it enjoyable, I wish it was me being creative instead of just pointing out the picture around MS pity party. Just the dances around which regulatory body is useless then key then useless then key again based on how the wind blows and what you hope they would say ;). I did forget a “what about Nintendo” and “dominant gaming platform”… about as strong and novel as Sony being a monopoly as they own 100% of the market of game companies named Sony.

The mental gymnastics trying to paint MS as the small bullied party are generating tons of hilarious moments (like the Spider-man license bit “Sony stole it! Blocked Xbox!!! Ah wait yeah MS rejected but poor MS they had no developer that could work on it…. They only had a partnership with Insomniac and you cannot give it to them… what do you mean Sony have it to them and they knocked it out of them park!!?” 😂).
I guess reality paints MS' place in console gaming as a pity party but the facts remain the same. Xbox is third in console gaming and has been for 20 years. What is a pity is seeing the mental gymnastics that paint MS has an inept competitor AND dominant force in gaming at the same time. The third place monopolistic monster tale is even more ridiculous. No one questions Nintendo and Sony's success in gaming but it is amusing to see the fabricated narratives that this acquisition will somehow change the fortunes of the companies that have been in this space so much longer.

Unless the reports were wrong or deal was modified, then the break up fee escalates on January 18th from 2 B to 2.5 B. The escalation from 2.5 B to 3 B comes later on.

As for chances, I’m guessing an entire team of accountants and lawyers are mulling approval related things over both in US and all other major countries / blocs. I have no clue how likely they are to abandon it at this point. It’s only 1/2 a billion, but it’s still 1/2 a Billion. What their maximum risk tolerance is for another 1/2 a billion is tough to gauge. It is MS with deep pockets.

Absolutely will be a fun ride though. Even if they have risk tolerance left, they will put a full court press on.
There won't be a call to drop the deal before the EC and CMA issue a ruling. If they both pass it with or without concessions MS most likely will close over the FTC's objections seeing how they have no authority outside an official court ruling. If the FTC decides to go to Federal Court to stop it we'll see first hand how strong their arguments are.
 

Topher

Gold Member
Your so right, but, it didn't hurt Sony on embellishing how they couldn't live without COD. Embellishing and exaggerating the facts are apart of the game! Also, Stalker 2 doesn't have a release date so, there's still time for Sony to break the exclusivity. They've done it before.

There has been plenty of embellishment and exaggerating the facts about COD from both sides. How does Sony "break the exclusivity" of someone else's game?
 

NickFire

Member
That is not how that works.
That fee would only trigger if either party walks away from this deals.
Meaning either MS or Activision would pay that fee, if they terminate the deal.
What are you talking about? Or maybe why are you talking about it? Or maybe what’s not how something works?

I have no idea what point you are making or correcting. Yes, a fee only gets paid if someone walks in general. But I’m not saying the fee will ever be paid at all. Only that MS exposure increases if the fee increases. Which is common sense.
 

DeepEnigma

Gold Member
Real question so, High on Life isn't going to PS? I figured it was time exclusive to Xbox. Timed exclusive isn't the same as payment for for exclusive content.
Mr Rogers Clown GIF

Platform holder: "We will pay you to make an exclusive throwaway level for us as well as market your game for you." "Here is money."
Publsiher/Developer: "Ok."

Platform holder: "We will pay you to make a timed exclusive for XX months as well as market your game for you." "Here is money."
Publsiher/Developer: "Ok."
 
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NickFire

Member
There won't be a call to drop the deal before the EC and CMA issue a ruling. If they both pass it with or without concessions MS most likely will close over the FTC's objections seeing how they have no authority outside an official court ruling. If the FTC decides to go to Federal Court to stop it we'll see first hand how strong their arguments are.
I think this is most likely true, albeit one negative ruling from either could be the final straw if fees haven’t escalated to max yet.
 

Heisenberg007

Gold Journalism
That is not how that works.
That fee would only trigger if either party walks away from this deals.
Meaning either MS or Activision would pay that fee, if they terminate the deal.
Not as per this agreement.

In this case, MS will pay the fees, up to $3 billion (depending on the date by which MS shares the termination notice), if the deal falls through, even if the reason is that the acquisition gets blocked by anti-trust regulatory bodies. Activision won't pay in this case.

Activision will only pay up to $2.7 billion if they accept a better offer and break the agreement with Microsoft.
 

feynoob

Gold Member
Not as per this agreement.

In this case, MS will pay the fees, up to $3 billion (depending on the date by which MS shares the termination notice), if the deal falls through, even if the reason is that the acquisition gets blocked by anti-trust regulatory bodies. Activision won't pay in this case.

Activision will only pay up to $2.7 billion if they accept a better offer and break the agreement with Microsoft.
So it's same thing then.
 
Well, we are only about 3 weeks from when the break up fee starts escalating.

https://www.marketwatch.com/story/a...icrosoft-buyout-deal-is-terminated-2022-01-19

So the end might actually be near. At a minimum MS will have to increase its exposure to keep moving forward To the tune of 500 million. Will be interesting 3 weeks unless they push out break up fee escalation dates.

Microsoft and Activision Blizzard are staying put on the $3 billion breakup fee imo, and are likely to keep it as such even should things drag on past June 2023. Microsoft is literally prepared to take this all the way to the Supreme Court. Activision's business will stay good and strong for however long it takes. I don't see either side of the transaction backing out. They will extend it on similar terms for as long as it is needed. Unless there's a surprise coming from CMA or The European Commission, Microsoft will close its transaction on time before June 30, 2023, since no action the FTC has taken thus far prevents it from doing so.

This would be in keeping with other companies that have closed their transactions despite FTC opposition and internal administrative proceedings pending and/or completed. Also, Microsoft and Activision can just as easily amend its acquisition agreement as Disney and Fox did in June 2018 prior to the expiration period of their original expected closing date. The transaction would go on to close less than a year later in March 2019. Unlike in that case, however, I think Microsoft, due to the actions of the FTC, close as scheduled and site the expiration of the agreement as the reason for doing so.

I think Microsoft is willing to take this all the way to the US Supreme Court and fight till 2026-2027 for this particular deal. Due to the same Supreme Court, with the specific cases scheduled for a decision by May/June next year, I don't see Microsoft having to wait so long. I think the longest the FTC fight stretches is 2024.
 

feynoob

Gold Member
What are you talking about? Or maybe why are you talking about it? Or maybe what’s not how something works?

I have no idea what point you are making or correcting. Yes, a fee only gets paid if someone walks in general. But I’m not saying the fee will ever be paid at all. Only that MS exposure increases if the fee increases. Which is common sense.
The fee is the same for both.
So there is no rush here.

They have until June 2023. By that time, they can talk and increase the duration.

MS isn't pressured by the fees.
 

DeepEnigma

Gold Member
Yep. More time passes, the FTC looks more ridiculous.
You don't live in America, so... 🤭

Not that I agree with political motivation, if it truly is. The FTC shot themselves in the foot long ago by allowing what should not have been way back when they should have stepped up, but again, was politically motivated then too by lobbyists and bureaucrats, only to now do something.

With that said, I still don't think this is "good for the industry." It is good for MS and only MS.
 
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