fourfourfun

Member
Oct 27, 2017
8,277
England
"We believe Microsoft can carve out Game Pass UK PLC as a separate operating subsidiary with an independent board charged with keeping Activision content off the Game Pass platform pending the conclusion of Microsoft's appeal of the CMA decision. This would likely satisfy the CMA, and the deal should close by next Tuesday"

Off Gamepass or Cloud though? I thought Cloud was their big blocker.
 
OP
OP
Idas

Idas

Antitrusting By Keyboard
Member
Mar 20, 2022
2,195
I see that the last few hours have been a lot of fun :p xD

Some new info from the Financial Times (about the CMA):

Subscribe to read | Financial Times

News, analysis and comment from the Financial Times, the worldʼs leading global business publication

After the initial shock of Tuesday's news that Microsoft and the UK's antitrust watchdog are back at the negotiating table on the software giant's $75bn takeover of Activision Blizzard, everyone is trying to figure out what sort of deal they can reach.

Crucial will be an off-ramp for the UK's Competition and Markets Authority to save face after it blocked the mega-deal in April, drawing the ire of Activision chief executive Bobby Kotick, who said the initial CMA decision meant the UK was "closed for business".

There are no easy answers for what comes next as the clock ticks down on Microsoft's attempt to push further into the gaming market.

The CMA's new posture — which came just hours after a judge in California rejected the US Federal Trade Commission's request to block the deal — was seen by some critics as a way to save face. "Competition lawyers were just astounded," said one lawyer. "The fact that it followed so fast on the heels of the US [ruling] . . . feels like the CMA had the courage of its convictions until yesterday."

UK regulators may now be incentivised to take what they can get given that Brussels cleared the deal in May.

Allies of UK prime minister Rishi Sunak and Hunt insisted that no pressure was applied on the CMA to shift its stance on Tuesday, according to people familiar with the matter.

"The CMA needs to tread a very careful line here between seeming reasonable and seeming weak," said Tom Smith, a former CMA lawyer now at Geradin Partners.

On the other hand, the merger agreement clearly states the effects that the merger closing will have on ABK:

As a result of the merger, Activision Blizzard will become a wholly owned subsidiary of Microsoft and you will no longer own shares of Activision Blizzard common stock. Activision Blizzard expects to delist its common stock from Nasdaq as promptly as practicable after the effective time and deregister its common stock under the Exchange Act as promptly as practicable after such delisting. Thereafter, Activision Blizzard will no longer be a publicly traded company.

So, if they are starting the process I suppose that MS will close next week (or maybe even during the weekend) on every country where it's legally possible to do so (with the CMA's OK, would be my guess).
 

Level 7 Boss

Member
Jun 19, 2018
873
All of us suckers in the UK are going to get screwed because the CMA are "protecting customers". Why can't we have anything nice in the UK?
 

Belker

Member
Oct 27, 2017
760
Off Gamepass or Cloud though? I thought Cloud was their big blocker.

It would make sense to take then off cloud. I can't see the reasoning to take them off gamepass, in doing so reducing consumer access to games and, potentially, denying UK gamepass subscribers the same products as subscribers elsewhere. It would be a PR blunder to be sure.
 
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Puroresu_kid

Banned
Oct 28, 2017
9,645
Remember uk gamers one can just change account region to the US and have an American game pass account.

my sons account is US region and I just pay his game pass monthly fee via PayPal.
 

Copilot

Member
Jun 27, 2023
1,018
I see that the last few hours have been a lot of fun :p xD

Some new info from the Financial Times (about the CMA):





On the other hand, the merger agreement clearly states the effects that the merger closing will have on ABK:

As a result of the merger, Activision Blizzard will become a wholly owned subsidiary of Microsoft and you will no longer own shares of Activision Blizzard common stock. Activision Blizzard expects to delist its common stock from Nasdaq as promptly as practicable after the effective time and deregister its common stock under the Exchange Act as promptly as practicable after such delisting. Thereafter, Activision Blizzard will no longer be a publicly traded company.

So, if they are starting the process I suppose that MS will close next week (or maybe even during the weekend) on every country where it's legally possible to do so (with the CMA's OK, would be my guess).

That's it. Everythins points to the deal closing in a week.
 

Senator Rains

Member
Oct 27, 2017
1,471
I might be wrong, but from my exposure to this whole case, it seems like the FTC is focused on the battle and not on the strategy. None of their arguments seem to be unique, and they're acting only on Sony's behalf.
 
Oct 28, 2017
2,373
I think Pachter is right on the money with what Wedbush is expecting:

"We believe Microsoft can carve out Game Pass UK PLC as a separate operating subsidiary with an independent board charged with keeping Activision content off the Game Pass platform pending the conclusion of Microsoft's appeal of the CMA decision. This would likely satisfy the CMA, and the deal should close by next Tuesday"
Which should protect those UK gamers.
 

crazillo

Member
Apr 5, 2018
8,821
Holy shit, tomorrow is my personal climax with my PhD defense and the MS-ABK saga might also reach its pinnacle on Friday or on the weekend. Having prepared the defense alongside the court hearings and having being an Xbox gamer for so long, this honestly feels surreal. Can't read up on the unfolding drama until Saturday though!
 

Habs

Member
Mar 10, 2021
1,572
Holy shit, tomorrow is my personal climax with my PhD defense and the MS-ABK saga might also reach its pinnacle on Friday or on the weekend. Having prepared the defense alongside the court hearings and having being an Xbox gamer for so long, this honestly feels surreal. Can't read up on the unfolding drama until Saturday though!
Much success
 

gofreak

Member
Oct 26, 2017
8,024
Off Gamepass or Cloud though? I thought Cloud was their big blocker.

Popping back in this thread just on this...

That speculation on its own doesn't make sense next to the CMA's final report IMO - Acti games on gamepass was the one thing the CMA recognised as constituting a consumer benefit of the deal. Just keeping games off gamepass in the UK not only quashes that but does nothing to address the concerns they did outline in the final report (i.e. around how licensing of 'important supply' would operate post acquisition, and Microsoft's control over same). The only way the CMA would be satisfied with an approach like that is if they're no longer looking for a solution to their concerns as actually outlined, but instead just 'anything' that looks like a compromise on Microsoft's part (which they might - but it would look insanely incoherent as a solution for anyone paying attention to what the final report actually said).

What could make sense IMO is Microsoft divesting itself of UK cloud licensing rights for Acti games, into a UK company, and that when cloud vendors want to license Acti games for the UK market, they go to this independent company instead of MS. So 'Acti UK Cloud PLC'. That might have the side effect of meaning that Acti games won't automatically go onto gamepass (or perhaps more exactly, xcloud) in the UK, but that would be just a consequence of that set up rather than expressly what the set up was designed to do (as per a 'GamePass UK PLC'). In that kind of set up, to offer Acti games on xcloud to UK customers, MS would have to go to this independent company like any other vendor and negotiate/compete for the content, and that would satisfy the concerns the CMA outlined. And they might say that Acti UK licensing will continue to operate independently in the meantime until this structure is set up, to let the deal close immediately while the CMA process winds on.

In that kind of set up, the bottom line impact for UK Xbox customers is that content wouldn't automatically be available on xcloud streaming and MS would have to do extra stuff to make that happen. A more limited impact than content not being on gamepass at all.

(Am putting aside for a moment that this kind of setup would arguably be something the CMA would have issues with previously, and might carry behavioural components, single economic entity components etc. - but this might be the compromise the CMA is willing to make now)
 
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TheHunter

Bold Bur3n Wrangler
Banned
Oct 25, 2017
25,774
(Am putting aside for a moment that this kind of setup would arguably be something the CMA would have issues with previously, and might carry behavioural components - but this might be the compromise the CMA is willing to make now)

For me I don't think it's a coincidence that the CMA weighed in the second the PI was denied.
 

chocolate

Member
Feb 28, 2018
4,139
So for those who have been following this and are knowledgeable about what's going on, can someone tell me what the actual positives are for the merge?

I can see why people would be against it, but nothing comes to mind as to why this is a genuinely good idea.

How would gamers actually benefit from this? Because let's say the merge doesn't happen, Activision/Blizzard will still be releasing games, won't they?
 

Black_Stride

Avenger
Oct 28, 2017
7,481
So for those who have been following this and are knowledgeable about what's going on, can someone tell me what the actual positives are for the merge?

I can see why people would be against it, but nothing comes to mind as to why this is a genuinely good idea.

How would gamers actually benefit from this? Because let's say the merge doesn't happen, Activision/Blizzard will still be releasing games, won't they?
ABK content on more platforms.
 

PinkSpider

Member
Oct 27, 2017
5,787
So for those who have been following this and are knowledgeable about what's going on, can someone tell me what the actual positives are for the merge?

I can see why people would be against it, but nothing comes to mind as to why this is a genuinely good idea.

How would gamers actually benefit from this? Because let's say the merge doesn't happen, Activision/Blizzard will still be releasing games, won't they?
People pay for GamePass, people will get a ton more games on GamePass for the same fee from a big publisher (Maybe a couple of quid or dollars more).

I get the downsides too and I think it's bad for the industry probably but I won't lie I'll probably still have PC GamePass and probably play a few of them. (I'll probably try COD but no real interest in it though, always felt a bit shallow gameplay wise for me).
 

Dasnap

Member
Apr 19, 2021
500
So for those who have been following this and are knowledgeable about what's going on, can someone tell me what the actual positives are for the merge?

I can see why people would be against it, but nothing comes to mind as to why this is a genuinely good idea.

How would gamers actually benefit from this? Because let's say the merge doesn't happen, Activision/Blizzard will still be releasing games, won't they?

AciBlizz games on GP so the hobby is cheaper depending on what titles you play.

Also means that Boobie CockTit might leave the company.
 

arsene_P5

Prophet of Regret
Member
Apr 17, 2020
15,438
abd4de622b9efb4c1367bae9716b8513.png


We knew this already but it is still a bit crazy to think about. If you have PURCHASED one or more Activision games on a PC OR CONSOLE store (not explicitly the Xbox store, mind you) OR you have subscribed to "A" multigame subscription service that INCLUDES Activision games, you have the right to stream those games with ANY cloud game streaming service of choice/operating system. That's awesome.
Yep this is amazing. If you aren't at home or your console is being repaired you can easily test out different cloud services. Also many CoD games are huge and with that you'll be able to save storage.
 
Jan 4, 2018
8,968
Were there previous big M&A cases where an acquired company listed in the Nasdaq 100 index was removed shortly before closing too ?
 

Iggy1404

Member
Feb 12, 2020
115
So for those who have been following this and are knowledgeable about what's going on, can someone tell me what the actual positives are for the merge?

I can see why people would be against it, but nothing comes to mind as to why this is a genuinely good idea.

How would gamers actually benefit from this? Because let's say the merge doesn't happen, Activision/Blizzard will still be releasing games, won't they?

Off the top of my head:

- Microsoft will allow ABK to unionize (as they allowed their own employees to do that without resistance unlike many other corporations) meaning better working conditions
- Gamepass gets load of ABK games, and it will make Gamepass even more amazing deal than it already is
- Expanded footprint of ABK games - Microsoft already signed deals with multiple cloud gaming providers and Nintendo that they will bring the CoD and/or the rest of the portfolio to their respective platforms
- no loss for Sony as Microsoft would be insane to deny the most popular console (PS5) access to COD, Diablo and the rest of the games. Besides they gave assurances that for the next 10 years nothing changes.

So, in short everybody wins, nobody loses. I don't see how anyone can stand against such a deal. And when Sony says they are against this, I find this the height of hypocrisy - this is the same company that spent hundreds of millions (if not billions) of dollars keeping games away from Xbox.
 

Yuntu

Prophet of Regret Corrupted by Vengeance
Member
Nov 7, 2019
11,723
Germany
Kinda hard to follow all the happenings, is there a deadline til when this deal needs to be done or else ABK will pull out?
 

wo1f-cola

Member
May 3, 2023
246
So for those who have been following this and are knowledgeable about what's going on, can someone tell me what the actual positives are for the merge?

I can see why people would be against it, but nothing comes to mind as to why this is a genuinely good idea.

How would gamers actually benefit from this? Because let's say the merge doesn't happen, Activision/Blizzard will still be releasing games, won't they?
1. COD to the Nintendo Switch (good for Switch gamers)
2. ABK titles will be available on all cloud gaming services (good for cloud gamers)
3. ABK titles will be available on Gamepass (good for PC and Xbox gamers that subscribe to Gamepass)
4. No negative changes for Playstation gamers, but this merger increases the likelihood that PS will improve their PS+ offering to better compete with Gamepass, which would be a good thing.
 

YozoraXV

Banned
Oct 30, 2017
3,419
All of us suckers in the UK are going to get screwed because the CMA are "protecting customers". Why can't we have anything nice in the UK?

Glad I left the UK because this would have pissed me off especially if it ends up being permanent.

If they do end up having to limit Game Pass, UK gamers should sign a petition and send it to the government to try and overrule the CMA you would only need 100K signatures and then the government would have to look into it.
 

show me your skeleton

#1 Bugsnax Fan
Member
Oct 28, 2017
15,941
skeleton land
Glad I left the UK because this would have pissed me off especially if it ends up being permanent.

If they do end up having to limit Game Pass, UK gamers should sign a petition and send it to the government to try and overrule the CMA you would only need 100K signatures and then the government would have to look into it.
to make it up to us they'll add a big catalogue of commodore 64 and amiga games to gamepass, and a free Viz comic subscription with gp ultimate
 

craven68

Member
Jun 20, 2018
4,640
1. COD to the Nintendo Switch (good for Switch gamers)
2. ABK titles will be available on all cloud gaming services (good for cloud gamers)
3. ABK titles will be available on Gamepass (good for PC and Xbox gamers that subscribe to Gamepass)
4. No negative changes for Playstation gamers, but this merger increases the likelihood that PS will improve their PS+ offering to better compete with Gamepass, which would be a good thing.
the better ps plus is really important for me. I usually buy day one sony games…if i can have sony games day one ( or at least some), it's a great news for me.
 

Soap

Member
Oct 27, 2017
16,888
I still think it will be as simple as pulling xcloud out of the U.K. if cloud is truly the concern.
 

cyrribrae

Chicken Chaser
Member
Jan 21, 2019
12,723
Popping back in this thread just on this...

That speculation on its own doesn't make sense next to the CMA's final report IMO - Acti games on gamepass was the one thing the CMA recognised as constituting a consumer benefit of the deal. Just keeping games off gamepass in the UK not only quashes that but does nothing to address the concerns they did outline in the final report (i.e. around how licensing of 'important supply' would operate post acquisition, and Microsoft's control over same). The only way the CMA would be satisfied with an approach like that is if they're no longer looking for a solution to their concerns as actually outlined, but instead just 'anything' that looks like a compromise on Microsoft's part (which they might - but it would look insanely incoherent as a solution for anyone paying attention to what the final report actually said).

What could make sense IMO is Microsoft divesting itself of UK cloud licensing rights for Acti games, into a UK company, and that when cloud vendors want to license Acti games for the UK market, they go to this independent company instead of MS. So 'Acti UK Cloud PLC'. That might have the side effect of meaning that Acti games won't automatically go onto gamepass (or perhaps more exactly, xcloud) in the UK, but that would be just a consequence of that set up rather than expressly what the set up was designed to do (as per a 'GamePass UK PLC'). In that kind of set up, to offer Acti games on xcloud to UK customers, MS would have to go to this independent company like any other vendor and negotiate/compete for the content, and that would satisfy the concerns the CMA outlined. And they might say that Acti UK licensing will continue to operate independently in the meantime until this structure is set up, to let the deal close immediately while the CMA process winds on.

In that kind of set up, the bottom line impact for UK Xbox customers is that content wouldn't automatically be available on xcloud streaming and MS would have to do extra stuff to make that happen. A more limited impact than content not being on gamepass at all.

(Am putting aside for a moment that this kind of setup would arguably be something the CMA would have issues with previously, and might carry behavioural components, single economic entity components etc. - but this might be the compromise the CMA is willing to make now)
It would tickle me if the end result of all of this was a weaker version of what I (an ardent deal supporter) had put out into the ether back in like September or whenever. Back then (or hell, even 2 months ago), CMA had all the leverage to get fantastic concessions from a position of strength and mete out tangible benefits to consumers. That's what the EU did. The FTC did the opposite knowing it had a bad case and ended up with nothing. If the CMA lands on something like taking away publishing control for some titles in a small area just in cloud.. man.. they could have gotten so much more earlier on AND saved everyone so much trouble and taxpayer money along the way. (Not that I pay UK taxes, so it is what it is.)

Kinda hard to follow all the happenings, is there a deadline til when this deal needs to be done or else ABK will pull out?
Not exactly. There is a deadline on that 18th of sorts. It's the point at which either party can leave the agreement for any reason (and pay the fee - right? ABK would still have to pay a fee if they backed out? Or maybe not.). But it's not a drop dead like you're describing. There's no indication that ABK WANTS to back out at this moment (though that could always change). So, no, there is no specific date. But things are definitely more murky and fluid after the 18th.
 

Nida

Member
Aug 31, 2019
12,801
Everett, Washington
So for those who have been following this and are knowledgeable about what's going on, can someone tell me what the actual positives are for the merge?

I can see why people would be against it, but nothing comes to mind as to why this is a genuinely good idea.

How would gamers actually benefit from this? Because let's say the merge doesn't happen, Activision/Blizzard will still be releasing games, won't they?


Getting studios out of perpetually making content for Call of Duty.

Beloved IP that ACtivision/Blizzard won't touch being brought back.

Games on GP day 1.
 

arsene_P5

Prophet of Regret
Member
Apr 17, 2020
15,438
All this effort and scrutiny means they're taking big deals seriously. Regulators just can't let this one walk through without pushback, even if most believe it's not a problem.
Regulators should find evidence and base their arguments on facts. EU took the deal seriously and got the best deal for consumers. FTC is just stalling and saying silly things in regards to the cloud deals like the headquarters of some companies aren't in the US, so they don't count. A serious regulator would use actual good arguments instead of trying to desperately find something that sticks. They are wasting money and time they could use to go after actual anti competitive cases.
 

Nerokis

Member
Oct 25, 2017
5,955
Off the top of my head:

- Microsoft will allow ABK to unionize (as they allowed their own employees to do that without resistance unlike many other corporations) meaning better working conditions
- Gamepass gets load of ABK games, and it will make Gamepass even more amazing deal than it already is
- Expanded footprint of ABK games - Microsoft already signed deals with multiple cloud gaming providers and Nintendo that they will bring the CoD and/or the rest of the portfolio to their respective platforms
- no loss for Sony as Microsoft would be insane to deny the most popular console (PS5) access to COD, Diablo and the rest of the games. Besides they gave assurances that for the next 10 years nothing changes.

So, in short everybody wins, nobody loses. I don't see how anyone can stand against such a deal. And when Sony says they are against this, I find this the height of hypocrisy - this is the same company that spent hundreds of millions (if not billions) of dollars keeping games away from Xbox.

To add to this...

- Microsoft/Xbox has a somewhat different incentive structure than ABK. ABK wanted to sell, in part, because of the sense that it's started to exhaust avenues for growth. Increasing CoD dependence, studios like Blizzard experiencing a ton of ups and downs, etc. - it hasn't been in the most vibrant place. Xbox doesn't have quite the same sheer pressure to deliver exponential growth, for one, but Game Pass also incentivizes fuller IP utilization and projects of various scopes. So the thing with this purchase is that it's not as if Microsoft just made an amazing offer ABK couldn't refuse. ABK wanted to sell for a reason, Microsoft saw that ABK would be a uniquely good fit for its business model, and there's a decent chance the end result will mean better use of resources overall.

I feel conflicted about the deal for a whole host of reasons, as well, but the part where ABK was in a rough place for the above and for having a shit work environment does go a long way toward making it easier to imagine the positives of an acquisition.
 

Odesu

Member
Oct 26, 2017
5,848
1. COD to the Nintendo Switch (good for Switch gamers)
2. ABK titles will be available on all cloud gaming services (good for cloud gamers)
3. ABK titles will be available on Gamepass (good for PC and Xbox gamers that subscribe to Gamepass)
4. No negative changes for Playstation gamers, but this merger increases the likelihood that PS will improve their PS+ offering to better compete with Gamepass, which would be a good thing.

Alright, where are you all getting that no games after this deal will be made exclusive? Obviously they will, as you can see with Starfield, Redfield, Indiana Jones etc.

Like, I'm not saying the deal should be kept from happening because of that, but this narrative that EVERYONE wins, including people who only own Playstations is extremely silly. CoD is safe, as are likely other big Multiplayer or Service games. But Microsoft has proven to and obviously will continue to bolster their exclusive line-up with these purchases.
 

FF Seraphim

Member
Oct 26, 2017
14,797
Tokyo
the better ps plus is really important for me. I usually buy day one sony games…if i can have sony games day one ( or at least some), it's a great news for me.

I highly doubt Sony will do 1st party games day 1 on PS+. They spent over 500m just making two games. If they want to see some sort of profit they need over 10m subs to PS+ extra.
Maybe we will see some of their lesser known games on it but not their tent pole titles.