Microsoft / Activision Deal Approval Watch |OT| (MS/ABK close)
- Status
feynoob
Banned
Current regulators process right now.
M ManaByte please update the post with this info.
UNDER REVIEW
- South Korea: it was notified on April 14th 2022. Already in Phase 2, they have around 120 days to provide an answer (the days when info is requested or sent are not counted). So, expect something in December - January.
- South Africa: it was notified on May 19th 2022. Already in Phase 3, awaiting for a hearing at the Competition Tribunal. They have around 120 working days but with the possibility of multiple extensions. So, expect something in December - January.
- Turkey: it was notified on June 6th 2022. It's already in Phase 2 and this can take as much as 12 months :s So, expect something in December - January.
- New Zealand: it was notified on June 15th 2022. Already in Phase 2, they have around 130 working day to say something. A decision is due by February 3rd 2023 (after three delays).
- Australia: it was notified on June 16th 2022. Already in Phase 2, the process is suspended temporally until MS/SBK send the requested info.
- Japan: it started Phase 2 on June 16th 2022 when feedback from third parties was requested. They have around 120 days to provide an answer. So, expect something in December - January.
- UK: it was notified on July 6th 2022. It's already in Phase 2 and a decision is due before March 1st 2023. Full text decision of Phase 1. There is a new administrative timetable with dates and actions until March 2023.
- USA: it entered Phase 2 around mid July. They have 30 days since then to say something but it can be extended if the parties agree. A decision is expected in late November but other sources say that it could happen in December - January.
- Europe: it was notified on September 30th 2022. Right now in Phase 2, the provisional deadline is April 11th 2023.
- Chile: it was notified on September 29th 2022, published on October 7th 2022. Phase 1 is around 30 days + 30 possible extra days. Phase 2 is around 90 days + 60 possible extra days. If they go to Phase 2 the case becomes public. If not, only the report and final decision will be published. Expect first feedback by the end of November/beginning of December.
NOT NOTIFIED YET
- India: nothing here yet.
- Israel: nothing here yet.
UNKNOWN
Canada, China, Colombia (¿?) should say something too but the corresponding regulators doesn't share any info.
In the case of China, we know that MS notified the merger in mid November through the simplified procedure but it was rejected. So, it looks like they'll notify the acquisition pretty soon (now with the normal procedure).
M ManaByte please update the post with this info.
UNDER REVIEW
- South Korea: it was notified on April 14th 2022. Already in Phase 2, they have around 120 days to provide an answer (the days when info is requested or sent are not counted). So, expect something in December - January.
- South Africa: it was notified on May 19th 2022. Already in Phase 3, awaiting for a hearing at the Competition Tribunal. They have around 120 working days but with the possibility of multiple extensions. So, expect something in December - January.
- Turkey: it was notified on June 6th 2022. It's already in Phase 2 and this can take as much as 12 months :s So, expect something in December - January.
- New Zealand: it was notified on June 15th 2022. Already in Phase 2, they have around 130 working day to say something. A decision is due by February 3rd 2023 (after three delays).
- Australia: it was notified on June 16th 2022. Already in Phase 2, the process is suspended temporally until MS/SBK send the requested info.
- Japan: it started Phase 2 on June 16th 2022 when feedback from third parties was requested. They have around 120 days to provide an answer. So, expect something in December - January.
- UK: it was notified on July 6th 2022. It's already in Phase 2 and a decision is due before March 1st 2023. Full text decision of Phase 1. There is a new administrative timetable with dates and actions until March 2023.
- USA: it entered Phase 2 around mid July. They have 30 days since then to say something but it can be extended if the parties agree. A decision is expected in late November but other sources say that it could happen in December - January.
- Europe: it was notified on September 30th 2022. Right now in Phase 2, the provisional deadline is April 11th 2023.
- Chile: it was notified on September 29th 2022, published on October 7th 2022. Phase 1 is around 30 days + 30 possible extra days. Phase 2 is around 90 days + 60 possible extra days. If they go to Phase 2 the case becomes public. If not, only the report and final decision will be published. Expect first feedback by the end of November/beginning of December.
NOT NOTIFIED YET
- India: nothing here yet.
- Israel: nothing here yet.
UNKNOWN
Canada, China, Colombia (¿?) should say something too but the corresponding regulators doesn't share any info.
In the case of China, we know that MS notified the merger in mid November through the simplified procedure but it was rejected. So, it looks like they'll notify the acquisition pretty soon (now with the normal procedure).
Jerm411
Member
Is that Jez? Colt Eastwood?
ChorizoPicozo
Member
PharaoTutAnchAmun
Member
No they didn't first is was whe bring CoD to PS till the end of the 3 year contract...now it is whe will bring CoD as long there is a PS on the market. Dont fall for the flipfloping of MS...
Bernkastel
Ask me about my fanboy energy!
The link I provided was right after the acquisition. Before any "3 years" discussion happened. Microsoft did say right after the acquisition that Call of Duty will remain multiplat beyond there contractual obligations (as opposed to Bethesda where things would be exclusive except for contractual obligations).
When did Microsoft flip flop? Show me the quote from MS where they said COD will only be exclusive for 3 years?
feynoob
Banned
That is what people currently believe in.
feynoob
Banned
Luna may become the next Google Stadia thanks to Amazon's 10,000-person job cut rampage
Luna may become the next Google Stadia thanks to Amazon’s 10,000-person job cut rampage
I don't need to remind you of the travesty that befell Google's Stadia cloud gaming platform this year. While it's still available for the time being, we're coming up on the literal "deadline" for its shutdown, and cloud gaming as a whole is taking a massive blow. Many people never took it...
chromeunboxed.com
Aside of personal opinion from the author, it seems CMA would have a hard time with their cloud argument. Current economy is a big test for this segment.
feynoob
Banned
From Idas. Its helpful, if there is any remedy from big regulators.
How do remedies work at the FTC, CMA and European Commission?
FTC
Coming soon
CMA
There are common principles that apply to the assessment of remedies at Phase 1 and 2. Therefore, the remedy must be:
- Structural (prohibition, divesture, IPs)
- Behavioural (IPs, enabling measures, controlling outcomes)
- Recommendations of regulations and conduct (when it lacks the ability to carry out relevant measures by itself)
During Phase 1 and pre-notification, the CMA cannot impose a remedy and only the parties can offer them.
In the case of Phase 1, if there are competition concerns, remedies can be offered as an alternative to go to Phase 2. During this stage the CMA can only propose modifications to the remedies offered by the parties. During Phase 1 is unlikely that the CMA will consider behavioural remedies unless those are workable and effective within the short timetable.
During Phase 2, the CMA will only consider possible remedies after it has reached its provisional finding and the conclusion is that the merger will have an anti-competitive outcome. In that case, the CMA will also publish a Notice of Possible Remedies to act as a starting point for discussion of remedies. Now the parties (and even third parties) can suggest alternatives to the initial remedies proposed by the CMA.
In this case, the CMA will consider its own proposals, the remedies proposed by the parties and the ones from third parties (non-confidential versions of these proposals will be published). After multiple hearing and consultations, the CMA will publish the Final Report with the final decision about the merger and the nature and scope of the remedies to implement.
The final stage would be the implementation of remedies, creating a new timetable, considering interim measures, establishing key milestones, etc.
European Commission
When assessing a proposed remedy, the European Commission will take into account if the remedy:
The merging parties are the ones who propose remedies in this case. They also have to show that the remedies offered eliminate the problems and restore effective competition. The Commission is the one who has to proof that the conditions for a prohibition are met, irrespective of whether remedies have been offered or not.
For the European Commission there are 3 main categories of remedies:
Remedies can be offered during Phase 1 and Phase 2.
During Phase 1 remedies make more sense when the competition problem is easy to identify and fix. They are usually offered to avoid Phase 2.
During Phase 2 remedies must be offered within 65 working days since the start of Phase 2. Depending on when that happens, the basic period of 90 days can be extend up to 125 working days. Remedies during Phase 2 are usually more specific and complex.
The European Commission usually conducts market tests for almost all remedies proposals in order to test if competition issues are properly addressed. These market tests are used for transparency purposes and to give third parties an opportunity to express their views before the final decision.
How do remedies work at the FTC, CMA and European Commission?
FTC
Coming soon
CMA
There are common principles that apply to the assessment of remedies at Phase 1 and 2. Therefore, the remedy must be:
- Effective (possible adverse effects, appropriate duration and timing, practicality or acceptable risks)
- Cost effective
- Proportionate
- Consider relevant customer benefits
- Structural (prohibition, divesture, IPs)
- Behavioural (IPs, enabling measures, controlling outcomes)
- Recommendations of regulations and conduct (when it lacks the ability to carry out relevant measures by itself)
During Phase 1 and pre-notification, the CMA cannot impose a remedy and only the parties can offer them.
In the case of Phase 1, if there are competition concerns, remedies can be offered as an alternative to go to Phase 2. During this stage the CMA can only propose modifications to the remedies offered by the parties. During Phase 1 is unlikely that the CMA will consider behavioural remedies unless those are workable and effective within the short timetable.
During Phase 2, the CMA will only consider possible remedies after it has reached its provisional finding and the conclusion is that the merger will have an anti-competitive outcome. In that case, the CMA will also publish a Notice of Possible Remedies to act as a starting point for discussion of remedies. Now the parties (and even third parties) can suggest alternatives to the initial remedies proposed by the CMA.
In this case, the CMA will consider its own proposals, the remedies proposed by the parties and the ones from third parties (non-confidential versions of these proposals will be published). After multiple hearing and consultations, the CMA will publish the Final Report with the final decision about the merger and the nature and scope of the remedies to implement.
The final stage would be the implementation of remedies, creating a new timetable, considering interim measures, establishing key milestones, etc.
European Commission
When assessing a proposed remedy, the European Commission will take into account if the remedy:
- Is able to fully resolve the competition concerns.
- Can be implemented within a short time period.
- Will require additional monitoring once has been implemented.
- Is a permanent solution.
- Is proportionate and workable in practice.
- Preserves any merger-specific benefits.
The merging parties are the ones who propose remedies in this case. They also have to show that the remedies offered eliminate the problems and restore effective competition. The Commission is the one who has to proof that the conditions for a prohibition are met, irrespective of whether remedies have been offered or not.
For the European Commission there are 3 main categories of remedies:
- Divestment (full or partial divestiture of a business or asset)
- Removal of links with competitors (like minorities stakes between the parties and competitors)
- Other remedies (including access to an intellectual property right, network, input or an infrastructure on fair terms; the change of long-term exclusive contracts; other behavioural remedies).
Remedies can be offered during Phase 1 and Phase 2.
During Phase 1 remedies make more sense when the competition problem is easy to identify and fix. They are usually offered to avoid Phase 2.
During Phase 2 remedies must be offered within 65 working days since the start of Phase 2. Depending on when that happens, the basic period of 90 days can be extend up to 125 working days. Remedies during Phase 2 are usually more specific and complex.
The European Commission usually conducts market tests for almost all remedies proposals in order to test if competition issues are properly addressed. These market tests are used for transparency purposes and to give third parties an opportunity to express their views before the final decision.
PharaoTutAnchAmun
Member
Dude: 7 September MS said (not Bethesda) : whe offer for CoD to will be exclusive after the 3 years Sony deal ends. And now that the CMA is pushing to fase 2 MS is saying that CoD will be on PS for ever, and Bethesda never sayd that CoD would be exclusive after the deal ends, you are twisting the truth
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feynoob
Banned
Why do people want to believe this narrative?
Bernkastel
Ask me about my fanboy energy!
MS said? Where's the link to the official statement? Quote me something MS said.
Also, I thought you were trying to prove that MS first said 3 years and later flip-floped? 7 September (which you still have not linked and quoted) is much later then the original statement from February.
adamsapple
Or is it just one of Phil's balls in my throat?
Recent info dump from Idas at Era
--
- 16 governments reviewing the transaction (I guess that China will be number 17).
- Brad Smith, Microsoft's president, saying that "If this deal had happened four years ago, this would hardly be of any interest".
- According to Smith, Microsoft is open to formally agreeing to place limits on its business practices to resolve antitrust concerns.
- Microsoft expects Serbia to approve the deal shortly.
- The CMA will release its findings on the deal in the "new year."
- Bobby Kotick says that he has a "high degree of confidence that the regulators will be thoughtful about evaluating the industry.", adding "I have no reason to believe that we won't ultimately be successful in the transaction."
- The Communications Workers of America met the FTC recently, praising Microsoft's commitment to remain neutral in union campaigns and said the deal should be approved.
- Sony hired a consulting firm to set up meetings on Capitol Hill.
- Jim Ryan says that MS is "a tech giant with a long history of dominating industries" and that "it is highly likely that the choices gamers have today will disappear if this deal goes ahead."
- 10 days ago, MS offered Sony a 10-year deal to keep Call of Duty on PlayStation. Sony declined to comment on the offer.
- Phil Spencer and other MS executives brought an Xbox, a PlayStation, a Nintendo Switch and other devices to a meeting with regulators in London to illustrate how dynamic the market is.
- In the US, more than 10 staff members at the FTC are reviewing the deal. As a sign that the FTC may be building a legal challenge to the deal, the FTC recently asked other companies about offering sworn statements to lay out their concerns
--
- 16 governments reviewing the transaction (I guess that China will be number 17).
- Brad Smith, Microsoft's president, saying that "If this deal had happened four years ago, this would hardly be of any interest".
- According to Smith, Microsoft is open to formally agreeing to place limits on its business practices to resolve antitrust concerns.
- Microsoft expects Serbia to approve the deal shortly.
- The CMA will release its findings on the deal in the "new year."
- Bobby Kotick says that he has a "high degree of confidence that the regulators will be thoughtful about evaluating the industry.", adding "I have no reason to believe that we won't ultimately be successful in the transaction."
- The Communications Workers of America met the FTC recently, praising Microsoft's commitment to remain neutral in union campaigns and said the deal should be approved.
- Sony hired a consulting firm to set up meetings on Capitol Hill.
- Jim Ryan says that MS is "a tech giant with a long history of dominating industries" and that "it is highly likely that the choices gamers have today will disappear if this deal goes ahead."
- 10 days ago, MS offered Sony a 10-year deal to keep Call of Duty on PlayStation. Sony declined to comment on the offer.
- Phil Spencer and other MS executives brought an Xbox, a PlayStation, a Nintendo Switch and other devices to a meeting with regulators in London to illustrate how dynamic the market is.
- In the US, more than 10 staff members at the FTC are reviewing the deal. As a sign that the FTC may be building a legal challenge to the deal, the FTC recently asked other companies about offering sworn statements to lay out their concerns
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Topher
Identifies as young
That is a surprise, assuming it is true.
feynoob
Banned
Some new info from era
Microsoft has upped their offer from 2027 to keeping Call of Duty on PlayStation for 10 more years which Sony declined to comment on. Sony still maintains gamers will have less choice if Microsoft acquires Activision and that Microsoft is a tech giant with a long history of dominating industries, Microsoft also expects Serbia to approve the deal very soon. Phil Spencer also showed UK officials an Xbox, PlayStation and a Nintendo Switch and Call of Duty and other games to show how dynamic the market is.
Microsoft has upped their offer from 2027 to keeping Call of Duty on PlayStation for 10 more years which Sony declined to comment on. Sony still maintains gamers will have less choice if Microsoft acquires Activision and that Microsoft is a tech giant with a long history of dominating industries, Microsoft also expects Serbia to approve the deal very soon. Phil Spencer also showed UK officials an Xbox, PlayStation and a Nintendo Switch and Call of Duty and other games to show how dynamic the market is.
ChuckeRearmed
Member
Basically boils down to Sony willing to have a sworn statement over their claims.
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gothmog
Gold Member
Sounds like the deal is starting to circle the drain. If the Justice Dept or FTC start heavily signaling a challenge/lawsuit it's effectively a dead deal. Phil having to go on a dog and pony show convincing international regulators that this is a good deal is not a good sign either.
I was about 80% certain this was going to go through with some COD related concessions but I would put it at slightly less than 50/50 at this point given today's news.
I was about 80% certain this was going to go through with some COD related concessions but I would put it at slightly less than 50/50 at this point given today's news.
feynoob
Banned
That shouldn't be a surprise, considering khan is against big tech.
Expect some heavy sauce from ftc.
feynoob
Banned
Look at ftc new chairman.
feynoob
Banned
Ironic jim.
I detest companies buying big publishers. But the irony here is too much here.
Topher
Identifies as young
Yeah, but Microsoft seemed to have a very favorable standing in DC, even amongst the anti-tech crowd. Seemed like they greased all the right wheels so I'm surprised the deal could possibly be getting resistance in the US.
feynoob
Banned
It's just a show, unless ftc has a good case.
The union worker were praising MS infront of ftc. It's weird that they are trying to challenge it.
Forsythia
Member
Still waiting for games like SF5 and FF7R, Jim (yeah I know it's not the same blabla)
HeisenbergFX4
Member
So much for crying that Microsoft wants to pull COD from Playstation.
I wonder what excuse will Jimbo pull out of his hat now.
As I said. Sony always knew that COD will be on Playstation. But their worry is not about Playstation-less COD. It is about Playstation without COD marketing deal and with COD on Game Pass on competing platform. Jimbo is terrified of that...
I wonder what excuse will Jimbo pull out of his hat now.
As I said. Sony always knew that COD will be on Playstation. But their worry is not about Playstation-less COD. It is about Playstation without COD marketing deal and with COD on Game Pass on competing platform. Jimbo is terrified of that...
xHunter
Member
In another news, MS expects Playstation to not be around in about 10 years since they said there will be CoD as long as Playstation exists. The masterplan has been activated. Phil cant keep getting away with his gangsta shit.
obiously a joke
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Topher
Identifies as young
Sounds to me like the deal is being offered to get Sony to drop their opposition to the acquisition. Spencer has already committed to PlayStation though so not sure how this makes sense.
What is being said publicly and privately are not always adding up.
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3liteDragon
Member
Moving that meter slightly more towards the "getting blocked" side.
ChuckeRearmed
Member
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Because
1. ABK is publisher with highest profit margins in western game industry
2. ABK is not just about Call of Duty. It gives Microsoft huge presence on mobile and PC in regions where they are not strong
3. Because shareholders of ABK knows that cash-in is best way to go.
Spencer says in the interview that they offered 10 years right after the deal was announced. Where did the 3 year thing come from then?
Interfectum
Member
That's not the deal that Sony is interested in. They've spent years making Playstation the "Call of Duty" destination but the minute it hits Game Pass day/date that narrative will change over night.
SSfox
Member
10 Years? i though the deal says perma. I guess it's just another usual Phil lie, bro this guy can't stop lying for more than 5 minutes holy Fuck!!!
Honestly i'm really disapointed on myself to believe this guy, once again
Kvally
Member
Phil never said he would do a permanent contract. Nobody will ever do a permanent contract. Including Sony.
Ezekiel_
Banned
Exactly this
Their public PR spiel was CoD will remain on PlayStation, we value players on others consoles blablabla.
Behind closed doors, there's a time limit.
Topher
Identifies as young
That's not what the article says. It says Microsoft offered the 10 year deal on November 11.
Mr Moose
Member
They offered the 10 year deal on the 11th of November of this year, I think.
SSfox
Member
This is just smoke to try to send a goodwill message. I don't think they can propose a deal with legal value for something they do not own yet.
If they wanted to fix the situation they could formally offer legally binding remedies to regulators.
Too bad they refused to do that in the first stage investigations which means they're not serious.
But time is ticking out, they're risking the whole thing to fall apart if they do not accept compromises....which is something that at this point they could be considering...try the everything or nothing approach and escape if they don't get what they want.
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MasterCornholio
Member
I definitely don't think this is what Sony commented on before.
HeisenbergFX4
Member
I THINK the 3 year deal was what Jim Ryan brought up saying that was MS offer
Must be sarcastic
graywolf323
Member
oh I'm sorry, based on that triggered reaction I guess it was actually your twitter account
Kvally
? here I'm sure no one would want you not to get the credit you deserve
Bernkastel
Ask me about my fanboy energy!
Permanently releasing COD on Playstation does not mean signing a permanent deal. The next Playstation may as well be a smartphone running on M2 Apple chip and they still have to release COD. No one signs a permanent deal.
What? Spencer literally said in interview last week that nobody can do "perma" contract.
Microsoft wants to release COD on PlayStation as long as PlayStation will exist, but even if you are dumb you should know that nobody can give you "forever" contract.
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