feynoob
Banned
He is a lawyer, who is covering this deal.WTF is Idas, where is this info coming from and what makes it credible?
He is a lawyer, who is covering this deal.WTF is Idas, where is this info coming from and what makes it credible?
A resetera user who has been parsing these hundreds of pages of documents.WTF is Idas, where is this info coming from and what makes it credible?
I don't understand his take. If the FTC sues it's manageable if the UK cuts a deal on concessions, but MS won't want to make a deal with FTC seems a takeaway.for more info, here is Idas take.
CmA highlighted their problem. If MS and CMA comes in to a deal, MS can use that against FTC.I don't understand his take. If the FTC sues it's manageable if the UK cuts a deal on concessions, but MS won't want to make a deal with FTC seems a takeaway.
Why wouldn't the FTC require an independent deal on concessions if they sued? Does the FTC have a habit of saying something is off, but they'll ignore it because a 3rd party made a deal that the FTC is not a party to (and cannot enforce)?
Besides, I don't think that MS is willing to accept a settlement with the FTC because since October 2021 the Prior Approval and Prior Notice Policy is active again. That means that any parties who settle a merger investigation with the FTC "can expect (at minimum) a ten-year post-settlement period, during which the parties must seek the FTC's prior approval to pursue a transaction in a directly affected market (or even an indirectly affected market) from the transaction covered by the FTC order".
How would they use CMA deal against FTC? Wouldn't that deal be used by FTC to show their concerns were legit? And if so, why wouldn't FTC insist on same deal terms (at least) to settle their complaint, which the analyst thinks MS would not want at all?CmA highlighted their problem. If MS and CMA comes in to a deal, MS can use that against FTC.
But the main issue with ftc would be this part. MS won't be able to acquire anything until the settlement is done.
Sonys issue is Activision want this to go through...so do MS obviously and Sony are making some really reaching arguments with questionable data to try and win over the regulators. Anyone in gaming can see how daft this is (see hoeg laws latest video) so I feel Sony are muddying their name here. No one really believes the arguments they are saying make any sense. Which they don't.
If that were the only goal MS could just throw money at them to get it on gamepass every year.
Just read this post at the other place and I thought it was very well written.
Mebecomingl
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Because this deal is hard to sue without strong evidence.How would they use CMA deal against FTC? Wouldn't that deal be used by FTC to show their concerns were legit? And if so, why wouldn't FTC insist on same deal terms (at least) to settle their complaint, which the analyst thinks MS would not want at all?
FF7 and most Sony first-party are all on PS+. If Xbox wants them they just have to allow PS+ on Xbox. Ask Phil.Sony does the same stuff with exclusivity and preventing other consoles from getting access to content (to answer someone who raised that on my last post). Some of Sony's first party exclusives are coming from studios they purchased, not "home grown". There is no difference. Sony's arguments are dumb.
It's a hivemind there. Someone was dogpiled for pages and banned permanently for saying MS didn't have GOTYs.They posted that in the official MS/ABK acquisition thread? They're brave (prob gonna get reported and thread-banned for challenging the popular narrative)
Are you not paying attention? It's entirely about COD. Did Sony fight the Bethesda acquisition in this way? Did Microsoft fight the Bungie acquisition? Do you think Sony wouldn't have attempted something like this if they had hundreds of billions in cash sitting around? Sony has been punched in the face with their own tactics, that is the bottom line. Regarding industry-wide implications, the horse left the barn decades ago when regulators decided it was OK for platform holders to also be content providers. Whether it's Apple, Google, Comcast, AT&T, Amazon, Microsoft, the argument against mega acquisitions is long settled. It's not a case of stopping these mergers, it's now about regulating their activities after they've been completed - that's the best path available to protect consumers.These kind of arguments just tell me that people who makes them, will never be able to have a business, let alone a hot dog cart in the street.
Ffs it's not about fanboys. It's not about COD. This merge is very dangerous for the industry as a whole. It's not just about pleasing fanboys and making exclusive deals.
Concessions is a very broad term that could change the deal considerably, for example a concession Disney had to make in order to acquire Fox was to sell off all of its acquired Regional Sports networks.Because this deal is hard to sue without strong evidence.
If CMA is willing to make a concessions with MS, it means that the lawsuit would be dropped out from the court.
CMA currently highlighted 3 problems. Which is COD, gamepass, and Xcloud. Which are the potential affects of this deal. These can be fixed by a concessions.
FTC needs more than that to actually sue, and guarantee a win.
I don't think there will be concessions like this.Concessions is a very broad term that could change the deal considerably, for example a concession Disney had to make in order to acquire Fox was to sell off all of its acquired Regional Sports networks.
If MS's main priority is acquiring King (as they've previously pointed out) their concession may be that they have to sell Activision and/or Blizzard in order to take the deal.
Concessions shouldn't be taken too lightly.
Important part of document for those who dont want to read those long part.
- MS is not denying the relevance of COD, but the data doesn't automatically show that COD is the only game to attract gamers to a console or that losing it would become critical
- without the acquisition Activision is not interested in subscription services
- Publicly available data suggests that PlayStation MAUs in 2021 are more than double Xbox MAUs (107 million versus [X] million).
- Activision has had a strong incentive to come up with different forms of content and marketing exclusivity which it could monetize in its negotiations with Microsoft and Sony. Since 2005 these marketing arrangements have included: (i) exclusive console marketing arrangements following the release of new titles and downloadable content; (ii) priority access to new maps (until these were phased out following the introduction of cross- platform play); (iii) exclusive access to the online alpha version of the game and access to the beta version of the game 5 days earlier than gamers on Xbox consoles or PC; (iv) game bonuses such as extra "tier skips" on the battle pass; (v) the ability to access additional "experience points" (e.g., through exclusive events); and (vi) certain in-game character customisations and content bundles.
- When Xbox decided not to continue with the Call of Duty co-marketing agreement in 2015, it simply found other ways to market and promote its platform. Sony, as the market leading console with an extensive first-party and third-party exclusive game catalogue, is even better placed to do the same.
- (c) Microsoft [X] Call of Duty exclusivity: Microsoft's exclusive arrangements for Call of Duty content expired at the end of 2015. (Page 31)
(d) Microsoft did not expect [X]. Microsoft did not [X], but does not believe this agreement [X]. Microsoft was not foreclosed as a result of the agreement. (Page 31)- hypothetical foreclosure strategy would involve putting at risk a significant portion of Activision's revenues. The consequences would be even more severe in the EMEA region where ca. [X]% of Call of Duty's total MAUs (and ca. [X]% of console MAUs) are on PlayStation. This would be a commercially irrational strategy, in particular in circumstances where Microsoft could not conceivably expect to foreclose Sony from the market. (In case COD leaves PS)
- Xbox's share of yearly sales is even lower, suggesting that its share of installed base is likely to decrease against Nintendo and Sony in the near future. The global and UK leader Sony just cannot be foreclosed by losing access to a single franchise among the broad range of alternatives for gamers available on the PlayStation platform.
- . Third-party data procured by Microsoft in the ordinary course of business suggests that at the very least [20-30]% of PlayStation 5 users also owned an Xbox Series X/S and [X] also gamed on a PC. These metrics are as of December 2020 and are likely to have [X] at the time of this submission. [20-30]% of PlayStation 5 users also owned an Xbox Series X/S whereas [10-20]% of Xbox Series X/S users also owned a PlayStation 5.
- Sony and Nintendo do not currently allow gamers on their platforms to access Game Pass or other gaming services via the browsers on their consoles – but could easily do so.
- Moreover, Microsoft would have to navigate current contractual restrictions to place Activision content into Game Pass. (Seems activision games is going to be blocked from gamepass for a while)
- Activision has never published any newer content on multi-game subscription services and has no intention to do so in the future.
- A large component of Activision's share of PC game publishing is due to World of Warcraft, a single-game subscription title that is not part of any multi-game subscription service and would be technically very challenging to integrate into a multi-game subscription service.
- Microsoft is aware that Sony has secured contractual rights to prevent games from a number of publishers from being included on Game Pass.
- Game Pass' share is miniscule on PC: the overall revenue from subscription services on PC accounts for less than [X]% of the global PC gaming segment and [X]% in the UK.
- While cloud gaming on mobile may grow, adoption is not expected to be rapid as it requires a significant change in consumer behaviour.
- The revenue Microsoft receives from licensing Windows Server via SPLA is substantial at ca. USD [X] billion [X] (equating to approximately [X]% of SPLA revenues) and it is not credible that Microsoft would forgo this revenue in order to protect its position in cloud gaming which does not generate material revenues and is loss-making.
Yes they did. I don't browse reset enough to find it though. I thinkThanks for posting this. It's really interesting and it's good to now have another lawyer give their opinion on the various parties involved in the acquisition positions and responses.
Hoeg said the MS response was over 100 pages, but he would look at it over the holiday and the weekend and try to do another video early next week. His video on Sony's response was fantastic and supremely entertaining.
Has Idas given any opinions/breakdown on Sony's response? It would be interesting to see if (s)he found it as lacking and ridiculous as Hoeg did.
Thought I'd point it out as I was getting the impressionI don't think there will be concessions like this.
Everything is so pointed at CoD that the rest is background fluff, regulators and the responses seem to me, more focused on that and talking about gamepass and cloud gaming as secondary (or ancillary) concerns.
And many non Xbox customers want to make MS out to be the boogieman and they continue to show they have no idea what they are talking about. This deal benefits anyone who isn't opposed to MS on principle. No one is claiming MS is saving the gaming industry but they are absolutely saving me MONEY and that's what I care about.You guys love to spin everything as a Pro Gamer move when it comes to Microsoft. lol
This move doesn't benefit all gamers. It's just that simple. That's just something Xbox fans are buying because they see Microsoft as the savior of the gaming industry.
What games you were going to buy Day 1 recently but you saved money because of Game Pass?No one is claiming MS is saving the gaming industry but they are absolutely saving me MONEY and that's what I care about.
Thing is, game pass saves money and you get games day one.What games you were going to buy Day 1 recently but you saved money because of Game Pass?
You guys are making Sony out to be the boogieman. Do you see how hypocritical that is?And many non Xbox customers want to make MS out to be the boogieman and they continue to show they have no idea what they are talking about. This deal benefits anyone who isn't opposed to MS on principle.
No one is claiming MS is saving the gaming industry but they are absolutely saving me MONEY and that's what I care about.
I have both consoles and what you just said is pure fan fiction. These deals aren't best for gaming, why is everyone acting like MS hasn't had 21 years to create their own IP to bring customers over to their side? Every AAA IP they have not named forza was created by an outside studio and then MS bought either the IP or the studio. Don't bring up SoT that's not a AAA game.You know you can own more than one videogame console and enjoy them all right? People who want this deal to go through want what's best for gaming. And what's best for gaming is more competition and a stronger, more competitive Xbox to put pressure on Playstation. This deal does that. What Microsoft is doing with these acquisitions like Bethesda and now with Activision Blizzard is they're giving Xbox customers guarantees they can take to the bank. Whether people are willing to admit it or not, everybody knows that for many years the greatest weapon in Sony's arsenal has always been their market power and the ability of playstation to cast doubt in the minds of Xbox gamers. One minute a game that was expected to be on both Playstation or Xbox can suddenly end up as a Playstation exclusive. This is something I accept as a gamer, that it comes with the territory, so I'm the type of gamer who can't risk not having every console to protect myself. Xbox securing big guarantees that major games will always be on Xbox and always day one in Game Pass is a major thing for the industry, even when they're not exclusive. This is what has made Playstation such a big deal for years. A Playstation console generally means guarantees. It's good that Microsoft is doing more to create more guarantees for Xbox.
You never know what game might skip Xbox at any given moment, so trying to limit that list as much as possible is important.
What games though? if you average out how many AAA games they've launched on console since they started the day one thing with GP it's one ever 18 months or so.Thing is, game pass saves money and you get games day one.
There are a lot of games that I would buy down the line but instead I get to play them day one.
There is also valid reasons for it not to be allowed to go through, they've had over 20 years to build the brand out and attract customers and they've failed to do it so now they just want to buy the industry out. MS doesn't really create things they just buy their way in, they've stuck with gaming longer than most though but this isn't good for gamers, none of these big publishers should be picked up by anyone MS, Sony, Tencent, Nintendo etc."Any suggestion that the transaction could have anticompetitive effects is absurd"
See, it's language like this that gets me. There are valid arguments in favor of the merger; I've even stated some here, but to claim any counter arguments against are "absurd"??? I mean, how can any reasonable person take you seriously?
This is just not true.BTW This deal doesn't give xbox only gamers access to any games they wouldn't already have access to without it, yes they won't be on game pass although MS could pay Activision enough to do that if they wanted to but you'd have access to every game PlayStation owners do you just have to be willing to pay directly for that game.
Good thing there's more out there than AAA. Otherwise we'd all only be playing 2 or 3 games per year.What games though? if you average out how many AAA games they've launched on console since they started the day one thing with GP it's one ever 18 months or so.
They should just be allowed to be bought out one game at a time?There is also valid reasons for it not to be allowed to go through, they've had over 20 years to build the brand out and attract customers and they've failed to do it so now they just want to buy the industry out. MS doesn't really create things they just buy their way in, they've stuck with gaming longer than most though but this isn't good for gamers, none of these big publishers should be picked up by anyone MS, Sony, Tencent, Nintendo etc.
You never know what game might skip Xbox at any given moment, so trying to limit that list as much as possible is important.
FF7 and most Sony first-party are all on PS+. If Xbox wants them they just have to allow PS+ on Xbox. Ask Phil.
Just face the facts.
No deal = PS and XB gamers play COD
Deal goes through = XB gamers play COD. PS Gamers don't
After the deal is up.Have you got any statement from Sony's officers to back up your claims? If not, stop with silly arguments.
Could you explain how ps gamers don't play cod if Microsoft buys ABK?
Factually untrue.FF7 and most Sony first-party are all on PS+. If Xbox wants them they just have to allow PS+ on Xbox. Ask Phil.
If Sony gamers were going to take a stand this would have been the release to do it. Instead they bought it in droves.Have you got any statement from Sony's officers to back up your claims? If not, stop with silly arguments.
Could you explain how ps gamers don't play cod if Microsoft buys ABK?
No concessions have been asked, and its all speculation.Sounds like we're entering the bargaining phase of grief where people are now asking how much is it going to cost for the deal to go through. As I said a few days ago I think the deal is dead and now the deal is just going through the process of dying. MS might try and fight this one out, but there are risks to doing it that go beyond gaming. Having increased levels of scrutiny of their Azure, Office, and Xbox divisions for years to come if they force it is risky.
It's in the document Sony sent to the CMA. Xbox doesn't want PS+ on Xbox but they want GP on PlayStation. Anti-consumer and very selfish of them.Have you got any statement from Sony's officers to back up your claims? If not, stop with silly arguments.
They will be there eventually. I didn't say Day 1. Ghost of Tsu is there since June. I gave them permission to add it on PS+ for all my fans. I would love to reach more fans on Xbox tooFactually untrue.
Ghosts of Tushima, Forgotten Weat, and Ragnarok are just a few missing
Assuming this is about Sony is the problem here. I think this recent set of announcements is more about politics and bad timing. There is a sentiment that these giant tech firms need to be reined in.No concessions have been asked, and its all speculation.
I still expect it's going to pass with flying colors.
The argument ends against it are weak, and Sony didn't satisfy the criteria needed to make it anticompetitive.
Who is you guys? I have a PlayStation 5. I think Sony offers an objectively worse value proposition but I like some of their games. There is nothing hypocritical here.You guys are making Sony out to be the boogieman. Do you see how hypocritical that is?
I think MS offers better practices. Console price hikes vs. no price hikes? Game pass with new games vs. PS+ with mostly old games? Normal retail options for digital games vs. Sony being the sole digital source for PS5 games? Free cloud game saves and superior BC vs. paid cloud saves and lacking BC? Features like quick resume and smart delivery vs. none of that? I am not ashamed I prefer better services and features.That's what you're pretending to do. Whenever someone brings up MS practices, you're here to defend it. Don't pretend that you don't. lol.
The facts are deal = Game pass CoD, Diablo, and any other Activision game + better treatment of employees and no more Kotick vs. no deal and none of those positive things. I'm for the deal.Just face the facts.
No deal = PS and XB gamers play COD
Deal goes through = XB gamers play COD. PS Gamers don't
There is also valid reasons for it not to be allowed to go through, they've had over 20 years to build the brand out and attract customers and they've failed to do it so now they just want to buy the industry out. MS doesn't really create things they just buy their way in, they've stuck with gaming longer than most though but this isn't good for gamers, none of these big publishers should be picked up by anyone MS, Sony, Tencent, Nintendo etc.
Teams is included in windows 11 for free, you can remove it, but seems every update likes to readd it.Oh, Slack. I remember the days when they openly stated that "Teams cannot compete with Slack". But then their magic has ended and they started complain to the regulators. Considering that Teams is not bundled for free but a part of the more expensive tiers, this will go anywhere. Not to mention Slack is integrated with Salesforce these days too so it won't give them higher ground.
You know you can own more than one videogame console and enjoy them all right? People who want this deal to go through want what's best for gaming. And what's best for gaming is more competition and a stronger, more competitive Xbox to put pressure on Playstation. This deal does that. What Microsoft is doing with these acquisitions like Bethesda and now with Activision Blizzard is they're giving Xbox customers guarantees they can take to the bank. Whether people are willing to admit it or not, everybody knows that for many years the greatest weapon in Sony's arsenal has always been their market power and the ability of playstation to cast doubt in the minds of Xbox gamers. One minute a game that was expected to be on both Playstation or Xbox can suddenly end up as a Playstation exclusive. This is something I accept as a gamer, that it comes with the territory, so I'm the type of gamer who can't risk not having every console to protect myself. Xbox securing big guarantees that major games will always be on Xbox and always day one in Game Pass is a major thing for the industry, even when they're not exclusive. This is what has made Playstation such a big deal for years. A Playstation console generally means guarantees. It's good that Microsoft is doing more to create more guarantees for Xbox.
You never know what game might skip Xbox at any given moment, so trying to limit that list as much as possible is important.
Such a good game. Sucks is you are gluten intolerant though.Forgotten Weat
You're one of the biggest Xbox fans on this forum and you're denying your actions?Who is you guys? I have a PlayStation 5. I think Sony offers an objectively worse value proposition but I like some of their games. There is nothing hypocritical here.
I think MS offers better practices. Console price hikes vs. no price hikes? Game pass with new games vs. PS+ with mostly old games? Normal retail options for digital games vs. Sony being the sole digital source for PS5 games? Free cloud game saves and superior BC vs. paid cloud saves and lacking BC? Features like quick resume and smart delivery vs. none of that? I am not ashamed I prefer better services and features.
The facts are deal = Game pass CoD, Diablo, and any other Activision game + better treatment of employees and no more Kotick vs. no deal and none of those positive things. I'm for the deal.
It's 100% true, those were timed exclusives (wasted money by Sony btw) and MS does that with other third party games too, hell they are the company that started paying for timed exclusive content. Sony trying for a year exclusivity on Starfield is just a rumor, not only that but a deal was never reached and that wasn't because of MS buying Bethesda that rumor was going around before the PS5 even launched.This is just not true.
Let's look at Crash Bandicoot, let's look at Deathloop, Ghostwire Tokyo.
Sony was trying to buy these games away for a minimum of 1 year, sometimes less sometimes more.
If MS hadn't stepped up Starfield could be a permanent exclusive (or so far away it might as well be permanent)
Those games weren't positively coming to Xbox, just like now there's a chsnce they don't cone to PlayStation.
My point is people shouldn't be cheering this on, there are so many crazy takes on this by people here it's almost laughable. Activision doesn't need to be rescued they just need a new CEO, they are making a ton of money. Phil Spencer isn't the second coming of Christ the way some people online pretend he is, he's a guy who's not particularly good at his job and if he didn't have Windows/Azure/Office money to back his division up he'd probably be out of a job.This is impossible to enforce. If a publisher is in decline, they should be able to be acquired by another company, the company has to answer to their shareholders.
Activision wasn't against subscriptions. They offered about 4 older CODs already on a subscription (PS+). It was never "against" it. It just knows that their COD games sell really well so releasing it for a service would be cutting sales and any subscription service would have to come up with a hell of a deal to lose that for whatever the services were willing to pay.From pages 70 to 90 everything is about Gamepass: I think that they offer good arguments, specially the ones about ABK (extensively) being against subscriptions if there is no deal. Therefore, saying that without the merger all competitors could potentially have access to all the ABK content doesn't make a ton of sense because all the evidence points against that: without the acquisition Activision is not interested in subscription services (not even their own).
I'm surprised there isn't pages of people calling MS a hypocrite for this. They were the first company to try and push a Universal Store with UWP. They tried to restrict all apps to use UWP in a bid to launch a Universal Store.As Mr. Spencer explained because of "[X]." In particular, the concept of a next- generation game store that operates across a range of devices ("Universal Store") is risky…
Moving consumers away from the Google Play Store and Apple App Store on
mobile devices will require a major shift in consumer behaviour.
its ok to like MS more.You're one of the biggest Xbox fans on this forum and you're denying your actions?
People remember your posts.
People know which posts you agree with.
You're denying your actions that many people are aware of. Having a PlayStation console doesn't change this fact. That's like saying Tim Dog owning a PlayStation console means people should overlook every Pro Xbox tweet he makes on his account.
The problem is that you guys often play the victim and try to pretend that MS can do no wrong.
This deal doesn't benefit gamers, it benefits MS and people on their Platform.
I can easily admit that Final Fantasy 16 exclusive doesn't benefit gamers, it benefits PS gamers.
Why is so hard for you to do the same? lol.
I like PS more, but I'm not going to lie when they're making moves to benefit their brand and not gamers entirely.its ok to like MS more.
Company was for sale, worse parties could have bought it. That's the thing people ignore. I guess we'd all rather have Embracer or Tencent pick them up, or Amazon. I'm sure those companies would do a much better job amirite?My point is people shouldn't be cheering this on, there are so many crazy takes on this by people here it's almost laughable. Activision doesn't need to be rescued they just need a new CEO, they are making a ton of money. Phil Spencer isn't the second coming of Christ the way some people online pretend he is, he's a guy who's not particularly good at his job and if he didn't have Windows/Azure/Office money to back his division up he'd probably be out of a job.
My question was how not when, if Microsoft offered 10 years of guaranteed releases on PlayStation.After the deal is up.
It's in the document Sony sent to the CMA. Xbox doesn't want PS+ on Xbox but they want GP on PlayStation. Anti-consumer and very selfish of them.
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They will be there eventually. I didn't say Day 1. Ghost of Tsu is there since June. I gave them permission to add it on PS+ for all my fans. I would love to reach more fans on Xbox too![]()