feynoob
Banned
part 4
- Microsoft has consistently articulated the mobile gaming strategic motivation for the Merger
- The Merger gives Microsoft a meaningful presence in mobile gaming
- Microsoft's financial valuation accounts for [] while the existing business provides [
- Theory of Harm 1 – no prospect of a substantial lessening of competition through input foreclosure of rival console gaming platforms (excluding multi-game subscription services) 3.1 Theory of Harm 1 concerns the potential for a substantial lessening of competition in gaming consoles (together with their digital storefronts) as a result of Microsoft engaging in full or partial input foreclosure strategies
- Input foreclosure findings in Phase 2 are exceptional
- The CMA has found a substantial lessening of competition on the basis of input foreclosure in only three Phase 2 cases.29 Such cases are exceptional – accounting for less than 1% of the CMA's merger decisions30 – and have in each case involved the protection of substantial market power. Input foreclose has never been found in a case where one merging party was the smallest player in the downstream market and the other merging party was one of more than a dozen suppliers competing in the upstream market
- Microsoft does not intend to remove Call of Duty from PlayStation or to degrade access to the franchise – a fact that is supported by a consistent body of evidence.38 However, even if Microsoft were to withdraw Call of Duty from PlayStation (quod non), the Panel would have to believe that Sony would as a result of the loss of one game franchise from the many thousands available on its console go from being the clear market leader for over two decades to being placed at "such a disadvantage that [its] ability to compete is substantially limited
- As such a conclusion is inherently unlikely, and has never been found in any previous cases, the evidence required to allow the Panel to reach such a conclusion on the balance of probabilities would need to be clear and compelling. As noted by Lord Hoffman in Rehman, "it would need more cogent evidence to satisfy one that the creature seen walking in Regent's Park was more likely than not to have been a lioness than to be satisfied to the same standard of probability that it was an Alsatian".40 As set out below, such a cogent body of evidence does not exist in this case