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

Do you believe the deal will be approved?


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    886
  • Poll closed .
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It is possible to interact with fans AND make games. It's not like Phil Spencer taking time to do an interview or talk to fans means a programmer somewhere stops working. It's not a binary choice. Besides most of the games MS releases rate well. It's largely non-customers complaining about 'no games'.
This is true. Their average review since the new consoles launched is in the top 5%. That’s top tier
 

Bojanglez

The Amiga Brotherhood
It is possible to interact with fans AND make games. It's not like Phil Spencer taking time to do an interview or talk to fans means a programmer somewhere stops working. It's not a binary choice. Besides most of the games MS releases rate well. It's largely non-customers complaining about 'no games'.
Likewise it's possible to not interact with fans and make games. All people really care about is the games either way 🤷‍♂️
 

GHG

Member
I am sorry, but Sony are the ones who brought up Nintendo not being in the market. Just because Xbox tracks Sony more closely in internal documents doesn't mean they are the ones who brought it up to the FTC/CMA.

They only started to roll with it once FTC/CMA agreed with Sony.

No need to be sorry, what you need is something to back up what you're claiming here.

This was the first document we got from the CMA containing any information from Microsoft/Sony regarding the deal. If you can point me towards a statement or a document where Sony states what you are asserting that is dated prior to the date the CMA document was published then I'd be more than interested in taking a look.

What you will find is that this was the sequence of events:
  1. The CMA made it clear that they did not consider Nintendo to be a close competitor of Microsoft and Sony and thus discounted them from much of their considerations due to them (Nintendo) operating in a different segment of the market.
  2. The CMA backed this up by referencing Microsoft's own internal documents that were provided to them along with questioning other 3rd party industry participants on the matter.
  3. Sony then agreed with the above information, solidifying the CMA's stance to discount Nintendo and further claimed that Microsoft wanted to "turn them into Nintendo".

Here is the document I've quoted in the screenshot above:

https://assets.publishing.service.g...533/MSFT.ABK_phase_1_decision_-_1.09.2022.pdf

Dated 12th October 2022 in terms of when it became public.

Let me know what you find.
 
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Warablo

Member
No need to be sorry, what you need is something to back up what you're claiming here.

This was the first document we got from the CMA containing any information from Microsoft/Sony regarding the deal. If you can point me towards a statement or a document where Sony states what you are asserting that is dated prior to the date the CMA document was published then I'd be more than interested in taking a look.

What you will find is that this was the sequence of events:
  1. The CMA made it clear that they did not consider Nintendo to be a close competitor of Microsoft and Sony and thus discounted them from much of their considerations due to them (Nintendo) operating in a different segment of the market.
  2. The CMA backed this up by referencing Microsoft's own internal documents that were provided to them along with questioning other 3rd party industry participants on the matter.
  3. Sony then agreed with the above information, solidifying the CMA's stance to discount Nintendo and further claimed that Microsoft wanted to "turn them into Nintendo".

Here is the document I've quoted in the screenshot above:

https://assets.publishing.service.g...533/MSFT.ABK_phase_1_decision_-_1.09.2022.pdf

Dated 12th October 2022 in terms of when it became public.

Let me know what you find.
There is nothing to find out, Sony was the one who wanted the market definition that way. Saying they make kids games and not very many mature games.
 
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GHG

Member
There is nothing to find out, Sony was the one who wanted the market definition that way.

Ok so you just want to ignore the facts at hand. Got it. I've shown you how the market definition came about in this case from it's inception but you're choosing to ignore it.

Always the same, always reinforced by the same people. It's unfortunate but not unexpected, feelings over facts, always.

pacino-al.gif


Edit:

Saying they make kids games and not very many mature games.

And as always, citation needed. The results might surprise you in terms of who it was that said this.
 
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Warablo

Member
Ok so you just want to ignore the facts at hand. Got it. I've shown you how the market definition came about in this case from it's inception but you're choosing to ignore it.

Always the same, always reinforced by the same people. It's unfortunate but not unexpected, feelings over facts, always.

pacino-al.gif


Edit:



And as always, citation needed. The results might surprise you in terms of who it was that said this.


Sony to CMA
Page 7, number 13 https://assets.publishing.service.g...6b8043d8cd/Sony_Interactive_Entertainment.pdf
 
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It is possible to interact with fans AND make games. It's not like Phil Spencer taking time to do an interview or talk to fans means a programmer somewhere stops working. It's not a binary choice. Besides most of the games MS releases rate well. It's largely non-customers complaining about 'no games'.
You mean Phil isn’t working away on Starfield at his desk when he gets a tap on the shoulder asking him to do some PR … ‘game development can wait Phil, we need you out there talking to the people! And take out the trash while you’re at it’ then Phil sets his status to ‘All MS game development on hold’ as he gets up to leave the office?
 
Likewise it's possible to not interact with fans and make games. All people really care about is the games either way 🤷‍♂️
Plenty of fans appreciate the interaction with people who are responsible for supporting their hobby. I've seen many PlayStation fans wish for more interaction. Game making and fan interaction are not mutually exclusive.
 

GHG

Member

feynoob

Member
I'm consistently amazed how none of you have actually read the complaints.

UFpkBLo.jpg

You don't need a monopoly to have anti competitive effects.
MS can theoritically do a long term contract with big publishers for gamepass day1, and that will seriously harm Sony business for a long term.
They dont need monopoly position to harm them.

This is people shouting on a fancy word that they dont understand.
 

Warablo

Member
Sony and CMA both agree on market definitions. Are you arguing that Sony never wanted that definition?
 
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feynoob

Member
Exactly, this is dated after the the CMA's findings (in fact, it is a response to the CMA's findings regarding Nintendo and their standing in the market). Please read it and tell me who is saying what. What is "The Decision" that they clearly reference and whom does "The Decision" originate from?:

p3tawL7.jpg


Embarrassing.
I would just leave this here.
 
  • LOL
Reactions: GHG

GHG

Member
Sony and CMA both agree on market definitions. Are you arguing that Sony never wanted that definition?

This isn't about whether or not Sony agreed with it. Of course they agreed with it, it was to their benefit to do so and I've already stated as such.

Where did the market definition originate from? This was your original statement:

I am sorry, but Sony are the ones who brought up Nintendo not being in the market.

Based on the evidence above who was it that brought up Nintendo not being in the market and whom did they cite upon making said decision/statement?
 
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Warablo

Member
Are you arguing that Microsoft didn't?

Why is this even an argument, it's the only definition that makes any sense when talking about COD
I think any rational person would argue that Nintendo is in the console market.
This isn't about whether or not Sony agreed with it. Of course they agreed with it, it was to their benefit to do so and I've already stated as such.

Where did the market definition originate from? This was your original statement:



Based on the evidence above who was it that brought up Nintendo not being in the market and whom did they cite upon making said decision/statement?
Thought it was Sony (because of Microsoft citing Nintendo), then reaffirming between the CMA and them, but I don't have the documents on hand. Where are the statements before the CMA findings?
 
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Mr Moose

Member
Microsoft and ABK are together referred to as the Parties, or for statements referring to the future, the Merged Entity.
57. The Parties submitted that Nintendo has built a successful console business without
a single version of CoD being available on Nintendo Switch. The Parties stated that
the overall quality and appeal of a platform are more important than any game. The
Parties
submitted that Nintendo cannot be dismissed as competing less closely with
Xbox than PlayStation on the basis that it offers different types of games that are
marketed to a different audience (ie family friendly games) because (i) there are
several paths that a console platform can take without relying on a particular game
franchise or genre; and (ii) Nintendo offers games across genres.
 

Yoboman

Member
I think any rational person would argue that Nintendo is in the console market.

Thought it was Sony (because of Microsoft citing Nintendo), then reaffirming between the CMA and them, but I don't have the documents on hand.
Nintendo hasn't had a COD game in a decade. If they were concerned with every game ABK makes them they would use the console market, but they've only ever been concerned about COD
 

GHG

Member
Thought it was Sony (because of Microsoft citing Nintendo), then reaffirming between the CMA and them, but I don't have the documents on hand.

All of the relevant documents have been linked and/or have had screenshots taken of the relevant excerpts throughout this discussion.

Hint: it wasn't Sony. It was the CMA, primarily due to Microsoft's internal documents disregarding them and secondarily due to quizzing third party market participants on the matter.
 
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Warablo

Member
All of the relevant documents have been linked and/or have had screenshots taken of the relevant excerpts throughout this discussion.

Hint: it wasn't Sony. It was the CMA, primarily due to Microsoft's internal documents disregarding them and secondarily due to quizzing third party market participants on the matter.
Didn't Sony have statements before the CMA findings?

Nintendo hasn't had a COD game in a decade. If they were concerned with every game ABK makes them they would use the console market, but they've only ever been concerned about COD
I agree that they chose to ignore Nintendo because COD currently isn't on it.
 
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Warablo

Member
There was no Sony statement beforehand.

Which is why I previously asked you to provide said fictional statement from Sony regarding Nintendo that predates the CMA's findings.
Sony did say family friendly games not rated PEGI 18. Which is ridiculous when Nintendo has Bayonetta and plenty of other mature games.
 

Warablo

Member
Ladies and gentlemen, we got the numbers.

Would be interesting to know how that compares to Sony or Nintendo

Something 70-30 so probably Nintendo then Sony?
Who would be 90% in cloud gaming? Mobile? Sony? Nintendo(do they even have that)?
 
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POKEYCLYDE

Member
Microsoft would have had an easier time convincing the regulators that CoD did not have the ability to foreclose a console competitor by making CoD exclusive if Nintendo were counted as a competitor in the relevant market.

The regulators narrow the market as much as they can to try and build a case. The less competitors there are the higher the chance that material differences occur from the acquisition.

Microsoft had the easiest path forward by stating CoD isn't on Nintendo, so therefore CoD isn't important enough that losing access to it will foreclose competitors.

Instead, the regulators limited the console market to Playstation and Xbox, where Microsoft can show how dominant the Playstation is over the Xbox.

If the relevant market included Nintendo, the console SLC would have been gone a long time ago. So Microsoft fought to have Nintendo included in the relevant market, regulators narrowed it down to Sony and Microsoft using internal documents from Microsoft, whilst Sony praised the regulators on their correct market definition.

I don't really see how the console market definition is still playing a role as the console SLC has seemingly been dropped. We in the clouds now baby.
 

Warablo

Member
Microsoft would have had an easier time convincing the regulators that CoD did not have the ability to foreclose a console competitor by making CoD exclusive if Nintendo were counted as a competitor in the relevant market.

The regulators narrow the market as much as they can to try and build a case. The less competitors there are the higher the chance that material differences occur from the acquisition.

Microsoft had the easiest path forward by stating CoD isn't on Nintendo, so therefore CoD isn't important enough that losing access to it will foreclose competitors.

Instead, the regulators limited the console market to Playstation and Xbox, where Microsoft can show how dominant the Playstation is over the Xbox.

If the relevant market included Nintendo, the console SLC would have been gone a long time ago. So Microsoft fought to have Nintendo included in the relevant market, regulators narrowed it down to Sony and Microsoft using internal documents from Microsoft, whilst Sony praised the regulators on their correct market definition.

I don't really see how the console market definition is still playing a role as the console SLC has seemingly been dropped. We in the clouds now baby.
This is a good summary why both parties wanted the market definition the way they wanted.
 
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3liteDragon

Member
I actually forgot about this & didn't go through the updated PF recently from the CMA but did they remove their divestiture remedy recommendation in the updated findings?
 
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feynoob

Member
I actually forgot about this & didn't go through the updated PF recently from the CMA but did they remove their divestiture remedy recommendation in the updated findings?
If they didnt find any issue in the console market, then there is little incentive for divestment.
 

POKEYCLYDE

Member
I actually forgot about this & didn't go through the updated PF recently from the CMA but did they remove their divestiture remedy recommendation in the updated findings?
Not too sure about the whole process, if a revision would include changes to their remedies. But I don't believe they mentioned any revised remedies.

I will say this though, behavioral remedies were always on the table, and Microsoft will have an easier time getting the CMA to accept behavioral remedies around the cloud than the console.
 
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