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

Do you believe the deal will be approved?

  • Yes, will be approved without changes.

    Votes: 221 24.9%

  • Yes, will be approved but with structural changes to ABK.

    Votes: 102 11.5%

  • Yes, will be approved but only with behavioral concessions.

    Votes: 262 29.6%

  • No, will not be approved.

    Votes: 301 34.0%
  • Total voters
    886
  • Poll closed .
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Airbus Jr said:
Brooo..hahaha...

So whats happened to that 70 billion money msft spend on Activision Blizzard...

Gone for good? Gg phil spencer

Guardians Of The Galaxy Lol GIF
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The 'most' in terms of money that they will have to spend is the 3bn cancellation fee however there will be opportunity cost and also legal fees.
 
New document from MS.

Get The Facts: How Microsoft is Committed to Growing Gaming Communities Microsoft's strategy for Call of Duty is consistent with our approach to integrating previous gaming franchises with broad pre-existing communities – continue to develop the acquired franchises, distribute content broadly, grow the community, and continue to sell and monetize across platforms. Multiplayer games thrive when player bases are active and growing. • "If we acquire a game that comes with a big community across a number of platforms, the last thing we want to do is take something away. If anything, we feel that it's our job to be caretakers…to continue to build and nurture that community, not to cut it up into pieces and try to take some of it away." - Matt Booty, Head of Xbox Game Studios (IGN, June 9, 2022) • "It makes zero business sense for Microsoft to remove Call of Duty from PlayStation given its market leading console position." - Frank Shaw, Microsoft Corporate Vice President of Communications (Wall Street Journal, September 23, 2022)
 
leo-j said:
They killed ES VI, Starfield, and any other future Bethesda games after they said they would remain loyal to all fanbases of said franchises on other platforms.
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Except that's not what they said. They were talking about TESO and Fallout 76, which they didn't remove from other platforms.
 
To repeat what I said in the other thread..

I didn't think they would be this stupid. Now watch them get their asses handed to them in Court and Microsoft will win the approval for its deal.

I was wrong, I thought they wouldn't try this, but they won't actually win because the facts just aren't on their side.

drake zac GIF
 
Really interesting that a core argument seems to be that MS did certain commitments vis-a-vis the EU anti-trust authorities prior to the Bethesda/Zenimax acquisition that MS afterwards broke (i.e., MS lied).

In light if that it feels fairly certain that EU authorities also will try to block the deal. If that happens this is a steep slope for MS to climb.
 
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Part 2.

Our Commitments for ZeniMax Microsoft announced the acquisition of ZeniMax Media on September 21, 2020. Microsoft closed the acquisition of ZeniMax on March 9, 2021. ZeniMax included eight game development studios: Bethesda Game Studios, id Software, ZeniMax Online Studios, Arkane, MachineGames, Tango Gameworks, Alpha Dog (mobile games), and Roundhouse Studios. Shortly after the acquisition was announced, Bloomberg reported the following on the availability of new ZeniMax Media games going forward: • Bethesda had previously agreed to debut two of its upcoming games, Deathloop and Ghostwire: Tokyo, on Sony's new PlayStation rather than Xbox. Both games were announced as "timed console exclusives," meaning that they would be restricted to the PlayStation 5 for a fixed period of time before coming to Xbox. Microsoft will keep that commitment, Spencer said in an interview. Future games, like Starfield, will be available for Xbox, PC and Microsoft's Game Pass video-game service. "We'll take other consoles on a case-by-case basis," Spencer said. (Bloomberg, September 21, 2020) Microsoft's acquisition of ZeniMax illustrates the company's consistent position on cross-platform play and our commitment to gamers on all platforms. Xbox has continued to ship ZeniMax content on PlayStation and other platforms, and games that were on PlayStation in March 2021 are still available today. Further, Xbox's first two ZeniMax releases were, in fact, exclusive to Sony PlayStation 5. For existing games, Microsoft's public commitments were realized. • In its merger notice to the European Commission on ZeniMax, Microsoft stated: "Microsoft will honor all of ZeniMax's obligations to continue to make its current games available on other gaming hardware, including two planned console exclusive releases for the Sony PlayStation 5, Deathloop and Ghostwire: Tokyo." (Microsoft ZeniMax Form CO, January 29, 2021, at pp. 4-5) o It further stated: "Microsoft will not make any existing ZeniMax games exclusive to Xbox. They will continue to be available for purchase for PCs and other gaming hardware for which they are currently available, which will ensure that they continue to be available to current players of those games. Microsoft will not be removing players' access to any current games, no matter where they currently play." (Microsoft ZeniMax Form CO, January 29, 2021, at p. 13)
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After closing of the acquisition, Microsoft honored ZeniMax's commitment and the first two games released by Bethesda Game Studios – Deathloop (released September 14, 2021) and Ghostwire: Tokyo (released March 25, 2022) – were made available as timed console exclusives (one year) for Sony PlayStation. As a result, gamers on Xbox could not play Deathloop until September 20, 2022, when it could be made available for individual purchase and in Game Pass (one year after it launched on PlayStation 5). Ghostwire: Tokyo remains unavailable on Xbox per Sony's restriction.
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For future games, Microsoft also maintained its position: • In its merger notice to the European Commission on ZeniMax, Microsoft stated: "Future decisions on whether to distribute ZeniMax games for other consoles will be made on a case-by-case basis, taking into account player demand and sentiment. Factors that will inform Microsoft's decision-making on future games include consumer demand and preference and the willingness of third parties to work with Microsoft to launch games for their devices." (Microsoft ZeniMax Form CO, January 29, 2021, at p. 5). o It further stated: "For future ZeniMax games, Microsoft intends to make these games available for purchase on PC and, where the games are designed as native mobile games, on mobile devices running both iOS and Android. Future decisions on whether to distribute ZeniMax games for other consoles will be made on a case-by-case basis, taking into account player demand and sentiment, Microsoft's strategic and financial goals, and the willingness of third-party gaming hardware providers to run Microsoft games and services. Microsoft will make all acquired games and future releases available to subscribers of its Game Pass service on the day the games are launched (which can be used to play on PCs, Xbox consoles and Android mobiles), but does not currently anticipate distributing them through other subscription services. This reflects Microsoft's broader strategy to promote a subscription-based model which it believes will generate value and choice for game players. This policy would not preclude players from downloading or buying these games outside of Xbox Game Pass: Microsoft anticipates that existing games and future multi-platform games will be available for purchase from relevant digital storefronts of all major consoles and PCs." (Microsoft ZeniMax Form CO, January 29, 2021, at pp. 13-14) • In an interview with Bloomberg in September 2020, Phil Spencer noted Microsoft's position on distributing ZeniMax games for other consoles: "Clearly our commitment with this move is that Xbox and PC and people playing on xCloud and Game Pass will get ZeniMax's games … in terms of other platforms, I think we'll make a decision on a case-by-case basis." • Again, consistent with its commitment, the company has not taken content away from existing gaming communities. Today, gamers can still play all of the ZeniMax games that were available on other platforms the day the ZeniMax deal closed. And Microsoft has continued to release new content for preexisting ZeniMax titles on other consoles, including Fallout 76 and The Elder Scrolls Online. • Microsoft announced that two upcoming titles, Starfield and Redfall, will only be released on Xbox and PC, in line with statements it made upon the close of the ZeniMax transaction. Specifically, when the deal closed in March 2021, Xbox noted: "With the addition of the Bethesda creative teams, gamers should know that Xbox consoles, PC, and Game Pass will be the best place to experience new Bethesda games, including some new titles in the future that will be exclusive to Xbox and PC players." (Xbox on Twitter, March 9, 2021). • Starfield is a new game under development by Bethesda Game Studios. It will be available on the Xbox console and PC. Starfield, however, is yet to be released; Xbox has announced that it will be 3 coming in 2023. It is a single-player game. It has no pre-existing sales, revenue, or community of gamers on any console, much less PlayStation, that would be impacted by an exclusivity decision.
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Redfall is a new game under development by Arkane Studios Austin. It will be available on the Xbox console and PC. Redfall, however, is yet to be released; Xbox has announced that it will be available in 2023. It is a single-player game with multi-player capabilities. It has no pre-existing sales, revenue, or community of gamers on any console, much less PlayStation, that would be impacted by an exclusivity decision.
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"Microsoft has already shown that it can and will withhold content from its gaming rivals. Today we seek to stop Microsoft from gaining control over a leading independent game studio and using it to harm competition in multiple dynamic and fast-growing gaming markets." - FTC

Pretty intense statement by the FTC, i really had a ton of faith that after concessions this would go through but now I am concerned it won't
 
part 3
Our Commitments for Call of Duty We want to build gaming communities around games. It makes playing more fun and we are supportive of established user communities, such the vibrant Call of Duty community, which is playable across platforms, including the leading console. Our focus continues to be on delivering the best for the gamer, and we have publicly committed to making Activision content, such as Call of Duty, available on Sony's PlayStation. This is consistent with our approach to ZeniMax. • "We have committed to Sony that we will also make them available on PlayStation beyond the existing agreement and into the future so that Sony fans can continue to enjoy the games they love." - Brad Smith, President & Vice Chair (Microsoft on the Issues Blog; February 9, 2022) • "Had good calls this week with leaders at Sony. I confirmed our intent to honor all existing agreements upon acquisition of Activision Blizzard and our desire to keep Call of Duty on PlayStation. Sony is an important part of our industry, and we value our relationship." - Phil Spencer, CEO of Xbox (Twitter; January 20, 2022) • "Microsoft is committing to keeping Call of Duty on PlayStation for "several more years" beyond the existing marketing deal Sony has with Activision. Microsoft Gaming CEO and Xbox chief Phil Spencer made the commitment in a written letter to PlayStation head Jim Ryan." - Phil Spencer, CEO of Xbox (The Verge; September 2, 2022)
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Unless we all missed something, there were never any articles or reporting about MS giving any assurance to EU about making future Bethesda titles multi platform.

They said they will honor the contracts for Deathloop and Ghostwire, and they did. 🤔

The courts it is then.
 
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SenjutsuSage said:
To repeat what I said in the other thread..

I didn't think they would be this stupid. Now watch them get their asses handed to them in Court and Microsoft will win the approval for its deal.

I was wrong, I thought they wouldn't try this, but they won't actually win because the facts just aren't on their side.

drake zac GIF
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Sell the stocks. Buy back after the drop. This isn't going to end like you think and it'll take longer than you think before anything happens.
 
adamsapple said:
Screenshot_20221208-120723.png




Unless we all missed something, there were never any articles or reporting about MS giving any assurance to EU about making future Bethesda titles multi platform.

They said they will honor the contracts for Deathloop and Ghostwire, and they did. 🤔

The courts it is then.
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I mean why would they not respect those contracts? If they didn't there would be legal issues.
 
I'm glad. This give Bobby Kotick even longer to remain in his position and maybe some time to think about how to be a better leader.
 
tmlDan said:
"Microsoft has already shown that it can and will withhold content from its gaming rivals. Today we seek to stop Microsoft from gaining control over a leading independent game studio and using it to harm competition in multiple dynamic and fast-growing gaming markets." - FTC

Pretty intense statement by the FTC, i really had a ton of faith that after concessions this would go through but now I am concerned it won't
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It's an intense statement that is quite inaccurate. Microsoft at no stage ever said that they would put all Bethesda games on Playstation. They made clear that it would be a case by case, and they made clear that they would not take games that they would not remove games that were on Playstation from that platform.

In other words, FTC likely wanted something regarding Game Pass Microsoft was unwilling to give on. And because they wouldn't give, the FTC has sued. Everybody get all aboard the FTC lawsuit train.

Final Destination here.

https://www.cnbc.com/2019/02/26/appeals-court-upholds-decision-allowing-att-to-buy-time-warner.html#:~:text=Investing Club-,AT&T's merger with Time Warner will stand, after DOJ loses,appeal and drops the case&text=In June, U.S. District Court,AT&T formally closed the deal.

A federal appeals judge ruled Tuesday AT&T's merger with Time Warner can stand.

The ruling brings to a conclusion a years-long merger process that has pitted AT&T against U.S. antitrust regulators. Shares of AT&T popped immediately following the news to trade a fraction of 1 percent higher.




"The merger of these innovative companies has already yielded significant consumer benefits, and it will continue to do so for years to come. While we respect the important role that the U.S. Department of Justice plays in the merger review process, we trust that today's unanimous decision from the D.C. Circuit will end this litigation," AT&T General Counsel David McAtee said in a statement.

The Department of Justice will not pursue further litigation in the case, according to a statement from an agency spokesperson.

"We are grateful that the Court of Appeals considered our objections to the District Court opinion. The Department has no plans to seek further review," the spokesperson said.

In June, U.S. District Court Judge Richard Leon ruled the $85.4 billion bid was legal, and imposed no conditions on the merger. The DOJ maintained the merger would reduce competition in the pay-TV industry, citing concerns that AT&T, owner of satellite television provider DirecTV, could charge rival distributors more for Time Warner content and spur higher prices for consumers.
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adamsapple said:
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Unless we all missed something, there were never any articles or reporting about MS giving any assurance to EU about making future Bethesda titles multi platform.

They said they will honor the contracts for Deathloop and Ghostwire, and they did. 🤔

The courts it is then.
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They are just low information voters pretty much. BIG TECH BAD SUE!
 
MasterCornholio said:
I mean why would they not respect those contracts? If they didn't there would be legal issues.
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Right, of course. But what assurances is the FTC talking about to the EU here ?

There is nothing of the sorts anywhere that MS made assurances to anyone about keeping future Zenimax games after the contracted ones multi-plat.
 
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SenjutsuSage said:
It's an intense statement that is quite inaccurate. Microsoft at no stage ever said that they would put all Bethesda games on Playstation. They made clear that it would be a case by case, and they made clear that they would not take games that they would not remove games that were on Playstation from that platform.

In other words, FTC likely wanted something regarding Game Pass Microsoft was unwilling to give on. And because they wouldn't give, the FTC has sued. Everybody get all aboard the FTC lawsuit train.

Final Destination here.

https://www.cnbc.com/2019/02/26/appeals-court-upholds-decision-allowing-att-to-buy-time-warner.html#:~:text=Investing Club-,AT&T's merger with Time Warner will stand, after DOJ loses,appeal and drops the case&text=In June, U.S. District Court,AT&T formally closed the deal.
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they also stood their ground on this statement:

"Future decisions on whether to distribute ZeniMax games for other consoles will be made on a case-by-case basis, taking into account player demand and sentiment."

Are you telling me the Sony PS console had no demand for starfield?
 
adamsapple said:
Right, of course. But what assurances is the FTC talking about to the EU here ?

There is nothing of the sorts anywhere that MS made assurances to anyone about keeping future Zenimax games after the contracted ones multi-plat.
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I think that's the issue they have with the Acitivision acquisition. Its that difficult to see Mr testicals.
 
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The fact that the FTC are suing despite the $13m bribe and culture of prioritising big business means that the EU and CMA could be insanely difficult nuts for MS to crack. They should offer to just buy Blizzard and King at this point IMO.
 
tmlDan said:
they also stood their ground on this statement:

"Future decisions on whether to distribute ZeniMax games for other consoles will be made on a case-by-case basis, taking into account player demand and sentiment."

Are you telling me the Sony PS console had no demand for starfield?
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Only dozens wanted it.

Arrested Development Tobias GIF
 
tmlDan said:
they also stood their ground on this statement:

"Future decisions on whether to distribute ZeniMax games for other consoles will be made on a case-by-case basis, taking into account player demand and sentiment."

Are you telling me the Sony PS console had no demand for starfield?
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That's the rub, right there.
 
Fredrik said:
Sell the stocks. Buy back after the drop. This isn't going to end like you think and it'll take longer than you think before anything happens.
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I'm holding ALL stock. :)

This is how all this ends. A deal that is fought for in court is better than a deal approved in which the regulatory body tries to damage the value of the deal. The FTC likely tried to impose some rule with regards to Game Pass, and Microsoft wasn't having it.

https://www.cnbc.com/2019/02/26/app... District Court,AT&T formally closed the deal
 
tmlDan said:
they also stood their ground on this statement:

"Future decisions on whether to distribute ZeniMax games for other consoles will be made on a case-by-case basis, taking into account player demand and sentiment."

Are you telling me the Sony PS console had no demand for starfield?
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Starfield is only a mid-sized game as Microsoft have stated
 
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HeisenbergFX4 said:
https://www.ftc.gov/legal-library/b...s/2210077-microsoftactivision-blizzard-matter

https://www.ftc.gov/news-events/new...oft-corps-acquisition-activision-blizzard-inc

The Federal Trade Commission is seeking to block technology giant Microsoft Corp. from acquiring leading video game developer Activision Blizzard, Inc. and its blockbuster gaming franchises such as Call of Duty, alleging that the $69 billion deal, Microsoft's largest ever and the largest ever in the video gaming industry, would enable Microsoft to suppress competitors to its Xbox gaming consoles and its rapidly growing subscription content and cloud-gaming business.
In a complaint issued today, the FTC pointed to Microsoft's record of acquiring and using valuable gaming content to suppress competition from rival consoles, including its acquisition of ZeniMax, parent company of Bethesda Softworks (a well-known game developer). Microsoft decided to make several of Bethesda's titles including Starfield and Redfall Microsoft exclusives despite assurances it had given to European antitrust authorities that it had no incentive to withhold games from rival consoles.
"Microsoft has already shown that it can and will withhold content from its gaming rivals," said Holly Vedova, Director of the FTC's Bureau of Competition. "Today we seek to stop Microsoft from gaining control over a leading independent game studio and using it to harm competition in multiple dynamic and fast-growing gaming markets."
Microsoft's Xbox Series S and Series X are one of only two types of high performance video game consoles. Importantly, Microsoft also offers a leading video game content subscription service called Xbox Game Pass, as well as a cutting-edge cloud-based video game streaming service, according to the complaint.
Activision is one of only a very small number of top video game developers in the world that create and publish high-quality video games for multiple devices, including video game consoles, PCs, and mobile devices. It produces some of the most iconic and popular video game titles, including Call of Duty, World of Warcraft, Diablo, and Overwatch, and has a combined 154 million monthly active users around the world, according to the FTC's complaint. Activision currently has a strategy of offering its games on many devices regardless of producer.
But that could change if the deal is allowed to proceed. With control over Activision's blockbuster franchises, Microsoft would have both the means and motive to harm competition by manipulating Activision's pricing, degrading Activision's game quality or player experience on rival consoles and gaming services, changing the terms and timing of access to Activision's content, or withholding content from competitors entirely, resulting in harm to consumers.
The Commission vote to issue the complaint was 3-1, with Commissioner Christine S. Wilson voting no. A copy of the administrative complaint will be available shortly.
NOTE: The Commission issues an administrative complaint when it has "reason to believe" that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The issuance of the administrative complaint marks the beginning of a proceeding in which the allegations will be tried in a formal hearing before an administrative law judge.
The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about how competition benefits consumers or file an antitrust complaint. For the latest news and resources, follow the FTC on social media, subscribe to press releases and read our blog.
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The FTC growing a backbone and considering the stability of an industry? Damn I was blindsided by this news but it is welcomed because this deal will unfairly change the landscape of the industry.
 
adamsapple said:
Screenshot_20221208-120723.png




Unless we all missed something, there were never any articles or reporting about MS giving any assurance to EU about making future Bethesda titles multi platform.

They said they will honor the contracts for Deathloop and Ghostwire, and they did. 🤔

The courts it is then.
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lol Microsoft never said that and they always maintained they'd do all future games from zenimax on a case by case basis. They're not going to win this other than them using this as political football to show that they're fighting big tech it's a nothing more then a facade.
 
ManaByte said:
Except that's not what they said. They were talking about TESO and Fallout 76, which they didn't remove from other platforms.
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they went and made it exclusive after having similar vague statements from MS before the Bethesda purchase about they'd decide on a game by game basis for exclusives but as soon as the deal closed everything has been exclusive that they didn't have to honor a previous agreement for

tmlDan said:
they also stood their ground on this statement:

"Future decisions on whether to distribute ZeniMax games for other consoles will be made on a case-by-case basis, taking into account player demand and sentiment."

Are you telling me the Sony PS console had no demand for starfield?
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yep exactly, and I think that's come back to bite MS in the butt with the Activision purchase because they're trying to do the same thing but regulators are pointing out they didn't do this with Bethesda once that deal closed
 
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zzill3 said:
Do you really think MS don't have any of those things where Sony have them all?
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Being honest, I don't rate their output. In fact the one time they actually were on top, (late 360 era) I felt they dropped the ball hard by chasing the motion-gaming fad and letting the rest of their first-party titles die on the vine. They followed this up with the Xbox One debacle which really showed that their vision going forward was.

You can blame Mattrick all you like, but to me their approach has been set in stone from the start. They've just got better at selling the idea that them having THE one-stop-shop when it comes to media and gaming via an online service portal is a good one.


zzill3 said:
Xbox are spending billions to acquire publishers as well as growing their business organically, the two things are not mutually exclusive.
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Yes, but the issue at hand is them acquiring publishers because they seem incapable of growing their internal development teams. As I've said before its a giant red flag that their handling of their key franchises over recent years has been so poor.

zzill3 said:
No one else is doing it because no one else can afford to, but I'd bet you my house that if Sony could afford to they would have beat MS to buying Activision.
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MS already shocked the industry by taking Zenimax, a move on a scale that was unprecedented at the time and the ABK takeover is a magnituide larger.

Just because somebody can doesn't mean they should. Or more to the point BE ALLOWED TO.


zzill3 said:
If your problem is merely the number of exclusivity arrangements as a result of this deal, just think of the ABK purchase as MS giving ABK $70 billion in exchange for ongoing indefinite singular exclusivity arrangements for every game they plan to release forever in the future.
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Mass consolidation is bad for the industry. I've explained why I feel that to be the case many times previously so I'm not going to restate it here.

Have you considered the precedents being set and what it might lead to.


zzill3 said:
That makes it ok, right? Or is it just a problem for you when it's anyone other than Sony buying the exclusivity?
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Once again for the slow. Buying exclusivity deals and buying giant publishers are not the same thing. If you can't understand the difference you really shouldn't comment.
 
For those stating that MS never said what the FTC claims in the EU regarding the Zenimax/Bethesda acquisition. This is the very conclusion in their official document sent to the EU regulators:
jkDAcEO.png
 
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adamsapple said:
Screenshot_20221208-120723.png




Unless we all missed something, there were never any articles or reporting about MS giving any assurance to EU about making future Bethesda titles multi platform.

They said they will honor the contracts for Deathloop and Ghostwire, and they did. 🤔

The courts it is then.
Click to expand...
Do we know why assurances they made to EU regulators behind closed doors if the EU regulators never leaked the discussions? I doubt they've pulled this from their ass and considering the CMA also highlighted this and say there's smoke.
 
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