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

Do you believe the deal will be approved?


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There's a couple of contradictions there. FTC called the big 4 the "only" big publishers. That is inaccurate in itself.
Zenimax was a big publisher too. I'm pretty sure they are aware other publishers exist but those publishers are known as the "big 4" much like any other sector like banking, accounting, insurance has them.

Secondly, the big 4 publishers do put out games on Switch as well. Even if it's not the exact same 1 : 1.
Sure they also put out android games too but how many people debate between buying a galaxy tab or a PS5?

No one talks about market share in the sense of "60% PS, 40% Xbox" "and also 100% Nintendo in their own sub-genre".
In the countless game sales split threads we have. How many game sales threads has a Switch split usually? Be honest.
 
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Okay, so you're not talking about the video games sales market then, you're talking a branch of it called the console market

Yes, these branches matter. Otherwise it wouldn't really matter to distinguish PC, mobiles or consoles either

Imagine being able to point to clear differences between competitors within the same overall market.

Topher Topher I went back to old post, and found a nice post.

We even had the prediction on who will buy them.

@Golgo 13

lol....the OP be like....

Conor Mcgregor Mma GIF by UFC
 
Zenimax was a big publisher too. I'm pretty sure they are aware other publishers exist but those publishers are known as the "big 4" much like any other sector like banking, accounting, insurance has them.

Yeah but you'd expect them to know better when they're filing a lawsuit and using commentary that will no doubt easily get challenged in courts.

They use the phrase "are the only big 4 publishers". Square, Embracer, Tencent and the like are non-entities I guess.


Sure they also put out android games too but how many people debate between buying a galaxy tab or a PS5?

Mobile phones aren't a part of the console market, Switch is. There's a very key distinction.


In the countless game sales split threads we have. How many game sales threads has a Switch split usually? Be honest.

None ? Any time we get a 10, 20 page UK sales or NPD sales thread, it includes all the consoles. Thanks for agreeing with me.
 
Because no one is refering to that. We're refering to the document that's been posted a thousand times already that came AFTER the case by case statement
So you'll focus on one statement over another then. Neither made any promises. If the FTC or any regulator is going to doubt MS will honor commits or pledges to them like, I dunno, a pledge to make CoD available on other platforms or the union stuff they should be able to easily show MS has been a bad actor in this space and cannot be bargained with. There is no need to try and impugn the company's honesty obliquely. Present an actual case of them breaking a contract or pledge. Then you can acuse them of lying all day.

Apparently the Series S is a threat to Switch. They even mentioned the "console war".




zir2fn.png

Theres no way people believe they will win this case.
This is fascinating on many levels because people here claim the XSS isn't a current generation console at all. How could it be competitive with the Switch if Nintendo isn't a competitor? The Xbox competes with Nintendo on price and Sony on performance. It shows how silly removing a major player from the market to sue is.

None ? Any time we get a 10, 20 page UK sales or NPD sales thread, it includes all the consoles. Thanks for agreeing with me.
The latest NPD thread had many laughing that Xbox was in 3rd place. I was certain that they can't be in third because there are only two competitors? What could that third device be? It's so strange...
 
The statement I'm focusing on is the expansion to the vague "case by case" statement.

This isn't hard
The whole reason the ZeniMax deal was brought up was to argue that somehow MS is not trustworthy. They are a bad actor. Show where they actually broke a contract or pledge to a regulatory body or company in this space. Do that and you can easily ignore any remedies they present.
 
The whole reason the ZeniMax deal was brought up was to argue that somehow MS is not trustworthy. They are a bad actor. Show where they actually broke a contract or pledge to a regulatory body or company in this space. Do that and you can easily ignore any remedies they present.

Mental gymnastics at it's finest. No one has said they broke a contract or pledge. That's not what's being contested.
 
Mental gymnastics at it's finest. No one has said they broke a contract or pledge. That's not what's being contested.
Many people here called MS liars. What is being presented by the FTC is that MS is a bad actor and is being deceptive. Prove that claim. Show them breaking contracts and lying to regulators. That is what will be useful in court.
 
Many people here called MS liars. What is being presented by the FTC is that MS is a bad actor and is being deceptive. Prove that claim. Show them breaking contracts and lying to regulators. That is what will be useful in court.

Yes, they are liars. You do not need to break a written agreement to be a liar. Shocking, I know.

The claim has already been proven with the document that, once again, has been posted 1000 times. Maybe read it?
 
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Just like there is a distinction in performance levels, form factors and popularity of games between Xbox/PS and Switch. Yes, exactly.
And a distinction that PlayStation has VR and Switch mobile mode and Xbox has day one games with Game pass and two different consoles with different power levels and prices. It's like every competitor in this space has different features to intice people to buy. If you look at the latest NPD I didn't see much representation from Xbox at all. Maybe MS is the one who should be excluded and only Nintendo and Sony the oldest companies in this space should count. You can define a market as narrowly as you want doesn't make it logical or reasonable.
 
And a distinction that PlayStation has VR and Switch mobile mode and Xbox has day one games with Game pass and two different consoles with different power levels and prices. It's like every competitor in this space has different features to intice people to buy. If you look at the latest NPD I didn't see much representation from Xbox at all. Maybe MS is the one who should be excluded and only Nintendo and Sony the oldest companies in this space should count. You can define a market as narrowly as you want doesn't make it logical or reasonable.

The distinctions I highlighted were both logical and reasonable.
 
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By using an arbitrary " high quality console " label they have effectively excluded Nintendo.
It's not arbitrary at all. It's intentional legal posturing. "High quality console" has never been a thing. The definition of "high quality" is too abstract and the FTC is going to have to produce a concrete definition if they're going to make it stick.

To make their arguments work the FTC legal team needs to be able to define the market for Activision games as narrowly as possible. If Nintendo and PC can be substituted for PS5 as a way for consumers to access Activision games then the impact to consumers if those games leave PS5 is minimized. They have other options besides Xbox, So the the FTC needs to exclude the substitutes. That's also why they're bringing up Starfield and Redfall. To show that even if there are substitutes that Xbox will withhold games from all substitutes.

At trial Microsoft will almost certainly try to show that the FTC's definition of the market is too narrow. They will try to use the agreement they signed with Nintendo for Call of Duty to show that Nintendo should be included in the market for Activision games as well as evidence of Activision releasing new titles there, there like Crash 4. The agreement with Valve was probably an attempt to include Steam in that market definition as well, but Gaben doesn't want to get involved. But Activision games release there as well. Starfield and Redfall are also coming to PC, so if Microsoft can have PC included in the market then they can try to argue that PC is a substitute for PS5.

I think the FTC and Microsoft are both going to be tying themselves in knots.
 
It's not arbitrary at all. It's intentional legal posturing. "High quality console" has never been a thing. The definition of "high quality" is too abstract and the FTC is going to have to produce a concrete definition if they're going to make it stick.

FTC never said "high quality" at all. Those are adamsapple adamsapple 's words. Not the FTCs.
 
The difference in performance between Switch and PS/Xbox is not abstract.

Performance is a measurable.. There's nothing abstract about it
It may be measurable, but it has never been used to define which consoles are part of the console market.

Where has there ever been a formal definition of "you must run this games fast to be considered a video game console?"

The definition of terms is what the law is about. Prior to this I don't recall anyone contending that Nintendo wasn't part of the market.
 
It may be measurable, but it has never been used to define which consoles are part of the console market.

Where has there ever been a formal definition of "you must run this games fast to be considered a video game console?"

The definition of terms is what the law is about. Prior to this I don't recall anyone contending that Nintendo wasn't part of the market.

It doesn't need to be formal. That's never been a requirement. The differences exist, it's easy to evidence and easy to demonstrate. Look at the NPD lists as an example. Look at all the "big" AAA games available only on those "high performance consoles". Look at the specifications. Compare the performance of the same games on all three platforms.
 
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What are you taking about?

Microsoft can do whatever they want with the studios they own, like Bethesda, but there's a precedent that had been sent by Microsoft making deceptive and conflicting statements. They said there was no incentive for them to make Bethesda games exclusive, and yet they did it anyway.

That act of deception is now grounds for blocking future acquisitions, especially when they are 10X the magnitude of the Bethesda deal

This has nothing to do with Sony trying to obtain a timed exclusivity deal
I agree. The problem is, we as posters/fans, view this through emotion. That is why we see a lot of revenge and gotcha type posts. Hopefully the regulators will view everything critically and not be driven by emotion. I don't care which way it goes as long as it does not weaken the industry. I can see pros and cons from both sides. I will say that anyone who states that this is not Microsoft trying to buy their way to the top is being disingenuous. That is not a knock-on MS, that is their current strategy for better or worse.
 
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It may be measurable, but it has never been used to define which consoles are part of the console market.

Where has there ever been a formal definition of "you must run this games fast to be considered a video game console?"

The definition of terms is what the law is about. Prior to this I don't recall anyone contending that Nintendo wasn't part of the market.

And no one is suggesting Switch isn't part of the market. Neither is the FTC. The distinction here are the ways in which Switch differs from PlayStation and Xbox. Those differences exist.
 
The distinctions I highlighted were both logical and reasonable.
And so were mine. Doesn't change the fact you can carve up the market in any way you want to make a point. Doesn't change that Nintendo is every bit a video game competitor with games and systems tracked right along with Xbox and PlayStation. It is ridiculous to exclude them.
 
Doesn't change that Nintendo is every bit a video game competitor with games and systems tracked right along with Xbox and PlayStation. It is ridiculous to exclude them.

They're a competitor in the video game console market. They're not a competitor in the high performance market, so they're excluded from it.
 
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And no one is suggesting Switch isn't part of the market. Neither is the FTC. The distinction here are the ways in which Switch differs from PlayStation and Xbox. Those differences exist.
Right. The FTC and posters on the website NeoGAF.com are saying that the Switch doesn't count because of reasons. What made the number of fps or pixels or polygons or watts the metric that officially excludes Nintendo from the market other than the desire for the people saying it to be so? Is there an official definition for this somewhere? What is the definition of the high performance market?
 
Where has there ever been a formal definition of "you must run this games fast to be considered a video game console?"
I don't think it will be based on "you must run this game fast" it will be based on "do you run the games at all?" it's not to be defined as a console either but to show there is a separated market and audience like there is for mobile games for example. If they can show that the big third party releases do not develop those games for a specific lower spec handheld machine or create separate releases like CoD: Mobile or Fifa 23 legacy edition then that market for "high performance" consoles is a different relevant market that the publishers target. I'm not sure how they plan to do that quantitatively but I guess they can show how much of a crossover there is in third party library and game sales between xbox and PS vs switch and PS/xbox.
 
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Why arguing with this topic?
If people don't understand it, just let it go.

You can't convince a wall, if it can't listen to you.
The high performance console market is something that didn't exist prior to this acquisition. It's something that, at this point, is totally made up because there is literally no definition of it other than Xbox and PlayStation hardware is more powerful than Nintendo hardware.
 
The high performance console market is something that didn't exist prior to this acquisition. It's something that, at this point, is totally made up because there is literally no definition of it other than Xbox and PlayStation hardware is more powerful than Nintendo hardware.

Are you able to recognize that one distinguishable characteristic between the Switch and PS/Xbox is that the former is considerably weaker than the latter
 
They're a competitor in the video game console market. They're not a competitor in the high performance market, so they're excluded from it.
There was never a 'high performance market' when it comes to console video games. There was PC, console, and mobile. With an ambiguous term like 'high performance market' Xbox and PS5 would be excluded when compared to a PC running an RTX 3090 or 4090. Would you happily include the XSS in the 'high performance market'? You'd have to in order to make this asinine argument work. Let's not pretend that this is how these markets have traditionally been defined.
 
I don't think it will be based on "you must run this game fast" it will be based on "do you run the games at all?" it's not to be defined as a console either but to show there is a separated market and audience like there is for mobile games for example. If they can show that the big third party releases do not develop those games for a specific lower spec handheld machine or create separate releases like CoD: Mobile or Fifa 23 legacy edition then that market for "high performance" consoles is a different relevant market that the publishers target. I'm not sure how they plan to do that quantitatively but I guess they can show how much of a crossover there is in library and game sales between xbox and PS vs switch and PS/xbox.
I understand where you're coming from. To make this definition stick they're going to have to prove that Activision games are not developed for Switch simply because it isn't powerful enough to run those games. The absence of a single game on that platform isn't evidence that It isn't powerful enough to run the games because Activision has released other games on Switch. When it comes to a single game, like Call of Duty, there could be additional reasons unrelated to how powerful the hardware Is and Microsoft and Activision will certainly be asked to testify to those.
 
I don't think it really matters when the overall console market is still divided among the big 3.

No one talks about market share in the sense of "60% PS, 40% Xbox" "and also 100% Nintendo in their own sub-genre".

But just a post ago you said video game market. So Sony could go out there and buy AB and EA because of Apple.

Try looking at this from a pov other than a xbox fan who wants his plastic box to be número uno.
 
Let's not pretend that this is how these markets have traditionally been defined.

They've always been defined this way

The formal recognition of sub-markets came from a legal case, known as the "The Brown Shoe case" [Brown Shoe Co. v. U.S. 1962], where a sub-market was referred to as 'a relevant market within a relevant market'. As part of their deliberations, they indicated that sub-markets were likely to have products with unique characteristics, distinct customers, distinct pricing, and even specialized retailers.
 
The high performance console market is something that didn't exist prior to this acquisition. It's something that, at this point, is totally made up because there is literally no definition of it other than Xbox and PlayStation hardware is more powerful than Nintendo hardware.
For fuck sake, it's an easy thing to understand.

Modern games need high performing devices. Old gen can't keep up with current games, let alone switch. Because the graphic demand is insane.

Switch is an old relic. It's like saying Flight simulator can run on Xbox 360, when it can barely run on Xbox one.
 
Are you able to recognize that one distinguishable characteristic between the Switch and PS/Xbox is that the former is considerably weaker than the latter
Yes. The question isn't whether there are differences. PS and Xbox don't come with their own screen, therefor they are different from Switch. Their games don't come on cartridges, therefor they are different from Switch. The question is whether those differences are adequate reason to exclude a console from the definition of the market for the games Activision produces.

The FTC isn't likely going to be able to use "Your Honor, Nintendo doesn't count because Ass of Can Whooping on NeoGAF.com said the Switch is different" to support their assertion that a high performance console market should be the thing that defines the scope of the acquisition.
 
For fuck sake, it's an easy thing to understand.

Modern games need high performing devices. Old gen can't keep up with current games, let alone switch. Because the graphic demand is insane.

Switch is an old relic. It's like saying Flight simulator can run on Xbox 360, when it can barely run on Xbox one.
How does our understanding matter in the slightest when it comes to what the FTC will have to prove in court? Did you forget the thread you're posting in?

Life Number GIF
 
Yes. The question isn't whether there are differences. PS and Xbox don't come with their own screen, therefor they are different from Switch. Their games don't come on cartridges, therefor they are different from Switch. The question is whether those differences are adequate reason to exclude a console from the definition of the market for the games Activision produces.

Differences such as not having the same products you mean. It's just not Activision's games that miss the switch in case you haven't noticed. There's a whole plethora of them.

The FTC isn't likely going to be able to use "Your Honor, Nintendo doesn't count because Ass of Can Whooping on NeoGAF.com said the Switch is different" to support their assertion that a high performance console market should be the thing that defines the scope of the acquisition.

They don't need to because they themselves view the Switch as different. Have you actually even read what they've said to come to that conclusion?
 
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Right. The FTC and posters on the website NeoGAF.com are saying that the Switch doesn't count because of reasons. What made the number of fps or pixels or polygons or watts the metric that officially excludes Nintendo from the market other than the desire for the people saying it to be so? Is there an official definition for this somewhere? What is the definition of the high performance market?

I don't know which posters you are referring to who are saying Switch "doesn't count". You'll need to reply to them, not me. I'm pointing to concrete, factual differences that exist and it goes way beyond number of pixels. That has nothing to do with "desire".

Yes. The question isn't whether there are differences. PS and Xbox don't come with their own screen, therefor they are different from Switch. Their games don't come on cartridges, therefor they are different from Switch. The question is whether those differences are adequate reason to exclude a console from the definition of the market for the games Activision produces.

The FTC isn't likely going to be able to use "Your Honor, Nintendo doesn't count because Ass of Can Whooping on NeoGAF.com said the Switch is different" to support their assertion that a high performance console market should be the thing that defines the scope of the acquisition.

No, the FTC is likely to argue that Nintendo doesn't related to the discussion of Call of Duty because the Nintendo market isn't interested in the same games as those who buy games for Xbox and PlayStation. And that would be a true statement. That doesn't exclude Switch from the video game market at all.

James Franco GIF
 
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