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

Do you believe the deal will be approved?


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Its business.
There is no right or wrong.

Everyone would do what they can to make their business stand on the top.

If I was managing a business, I would do the same thing.

Mentalities like this are why common people like you and I keep getting screwed over by governments and corporations. Just roll over and let markets eat themselves away to consolidate everything, amirite?

The irony being, even if we're supposed to believe this axiom, why have Microsoft made Sony's 3P exclusivity deals look like they were harmful to them and gamers? "Business is just business", right? Why have Microsoft been arguing Sony's 3P deals almost as if from an ethical POV (the pro/anti-consumer slant has an ethical factor involved)? Why do so many people make it sound as if certain 3P games skipping Xbox is a violation of privileged customer rights?

"Business is business" until it isn't for some people.

Stop and think about what you just said. King is a major part of the transaction (they make amazing money), but why in god's name would you go and give up the most valuable and most popular thing in the entire transaction even if King is a major consideration of the purchase, which they are? Getting rid of COD or divesting all of Activision literally makes this a useless purchase. Getting King only makes sense in the context of getting it with the entire package of what it is now.

I didn't say they should divest all of Activision, just COD. And I even said that they would be able to retain partial ownership anyway. But if a hold up in getting the deal done has to do with concerns of long-term access to COD by companies like Sony in manners that would be typical of if a 3P publisher were providing the contracts and deals (which will no longer be the case if/when Microsoft acquire ABK, as they are a platform holder so there is a natural instinct to keep the most favorable pricing & licensing deals to themselves to benefit their own devices in their own ecosystem with some type of advantage be it backend or frontend), then why not divest COD into its own company, retain partial ownership, and be done with it?

Just today, Microsoft have began to address the FTC's concerns not with a focus on COD, but on the mobile aspect, because that's them reaffirming what the big part of this acquisition is for them, in their eyes. Any benefits they could get from COD by keeping it within ABK through the acquisition, can still more or less be had if they divested COD into its own company but Microsoft allowed to retain partial ownership. Microsoft would still get some of the sales revenue of COD sales on Xbox, PC, PlayStation and Nintendo devices. They would still be able to arrange for COD into GamePass. They would still be able to get marketing deals for COD releases.

If this acquisition is really about "competition" then that also needs to address how much is required in order to sufficiently compete. Divesting COD into its own entity ala The Pokemon Company, is not going to significantly impair Microsoft's ability to compete with Sony, Nintendo, Google, Apple, Amazon, Tencent, OR provide content they otherwise would fully own (the non-COD Activision IPs, Blizzard & King IPs) for Xbox and GamePass. It also removes one of the biggest concerns that Sony would have WRT fair access to COD content in the future. Divesting COD into its own company would also open up allowing other companies to invest via buying shares, in turn actually making them MORE receptive to Microsoft's services and products on their platforms and storefronts. It reduces friction, and that's been one of Microsoft's mantras since 2014 (supposedly).

Microsoft isn't trying to buy King and Blizzard. They're trying to buy Activision Blizzard King. If they were told to divest Blizzard that, too, would be a deal breaker for them. If they were told to divest King, that, too, would be a deal breaker for them because it's the area in which Xbox stands to gain the most and where they're on record as being weakest. Microsoft put in a $68.7 billion purchase for the entire package. Divesting any of it kills the deal for them. There's zero evidence that Microsoft doesn't really want King.

KTTi7vV.jpg

If they're not willing to provide concessions in the form of at least some kind of divestiture (and I'm only suggesting the COD franchise here, literally NOTHING else), then...maybe the deal deserves to fail.
 
Regardless, that FTC also made an administrative complaint against NVidia has no bearing or relevance to this case at all.


I would also like to add that nearly every company the FTC has recently done this to so far, has already closed their transactions despite still fighting with FTC.

See right here? Same administrative law judge the FTC just sent this to dismissed the FTC's case nearly a year later (Sony's COD deal is still in effect in 2023 anyway) https://www.ftc.gov/news-events/new...luminas-proposed-acquisition-cancer-detection

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  • Illumina’s standardized, long-term supply agreement, Open Offer, is available to all U.S. oncology testing customers who purchase NGS products for developing and/or commercializing oncology tests. The Open Offer constrains Illumina from harming Grail’s alleged rivals, and the FTC staff’s argument to the contrary is unconvincing.

In two similar cases, Illumina/Grail and Axon/VieVu, the buying companies have closed their acquisitions even during pending FTC litigation.

The reason used by one of the companies, Illumina? "Hey, our existing merger agreement was going to expire, so it's in both companies best interest to close our transaction" Don't be surprised if Microsoft does the exact same thing. They both closed their deals DESPITE FTC appealing to themselves.

Axon took FTC to the supreme court, it was argued in November of this year. The court sounds prepared to rule against the FTC. To what extent? We will find out.

Many don't realize that barring a major piece of help from the UK and The European Commission, the FTC has already lost.
 
If they're not willing to provide concessions in the form of at least some kind of divestiture (and I'm only suggesting the COD franchise here, literally NOTHING else), then...maybe the deal deserves to fail.


Sorry, there will be no divestiture on the table for any vital aspect of this deal.

Oh wait, I have a good idea. Microsoft can divest Major League Gaming. Yep, that's plenty sufficient! That's probably the only damn thing Microsoft is willing to give up, but you know why none of that will occur? Because there is no aspect of this deal that is so essential to others in the gaming industry that Microsoft should not be allowed to possess ownership of it all. Microsoft will have it all or none of it. And you seriously think Microsoft is going to divest itself of Call of Duty? Call of Duty is one of the most important parts of the entire purchase buddy.

If that's what you have your mind set on, you're going to be extremely unsatisfied when this deal closes because I can guarantee you that not a single major regulator will ever seriously entertain the idea of making Microsoft divest Call of Duty. Well, I take that back, maybe the FTC is insane enough to make that suggestion after their recent actions, but it would fail in court anyway, so back to square one. And you want to know why? Because, contrary to what some of you might think, Call of Duty isn't that essential an input to competition in gaming, as evidenced by the fact Nintendo didn't even need it, and Steam was a smashing success for years without it, and despite multiple forms of partial foreclosure using the COD IP for years between Xbox and Playstation, not a single competitor was ever fully foreclosed in gaming.
 
Sorry, there will be no divestiture on the table for any vital aspect of this deal.

Oh wait, I have a good idea. Microsoft can divest Major League Gaming. Yep, that's plenty sufficient! That's probably the only damn thing Microsoft is willing to give up, but you know why none of that will occur? Because there is no aspect of this deal that is so essential to others in the gaming industry that Microsoft should not be allowed to possess ownership of it all. Microsoft will have it all or none of it. And you seriously think Microsoft is going to divest itself of Call of Duty? Call of Duty is one of the most important parts of the entire purchase buddy.

It doesn't matter what Microsoft wants; what matters is up to the regulatory bodies. If they provide specific concessions and Microsoft doesn't want to go by them, they can either sue, or walk away from the deal. But they can't simply ignore the regulators, no matter how big they may be.

If COD is so important, then why were Microsoft downplaying its importance to regulators in the earlier phases of this investigation? Say one thing, mean something else...that doesn't really hold up in the long run.

If that's what you have your mind set on, you're going to be extremely unsatisfied when this deal closes because I can guarantee you that not a single major regulator will ever seriously entertain the idea of making Microsoft divest Call of Duty. Well, I take that back, maybe the FTC is insane enough to make that suggestion after their recent actions, but it would fail in court anyway, so back to square one. And you want to know why? Because, contrary to what some of you might think, Call of Duty isn't that essential an input to competition in gaming, as evidenced by the fact Nintendo didn't even need it, and Steam was a smashing success for years without it, and despite multiple forms of partial foreclosure using the COD IP for years between Xbox and Playstation, not a single competitor was ever fully foreclosed in gaming.

Sounds like you're willing to make a bet 😁.
 

solidus12

Member
This pathetically smug gloating from Xbox fanboys makes me really sad. What a lowly existence.

My suspicion is that this is the true motivation for a lot of them, a desire to take something from others.
I mean this is precisely why the CMA and FTC are investigating on Microsoft’s acquisition.

He was saying the same thing back when Microsoft announced they will acquire Activision/Blizzard.
 

Topher

Identifies as young
Good, you're lucky. His tweets are shared on GAF every now and then. His average tweet is the same, if not worse, than the Coalt tweet from last page.

Are you talking about the Red Dragon guy who discusses hardware? Maybe I'm thinking of a youtuber
 
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adamsapple

Or is it just one of Phil's balls in my throat?
Are you talking about the Red Dragon guy who discusses hardware?

I don't know if there is more than one, but I'll just one example of his tweet under tags so people aren't needlessly subjected to it.

rc4WVHf.png
 
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What's more, Sony has many high-quality existing games and an unrivaled war chest of intellectual property spanning movies, television, and music, upon which it can draw to develop even more games and franchises. If Xbox were to remove Call of Duty from PlayStation, Sony has more than enough weapons in its arsenal to continue to compete effectively.



YouSunkMyBattleship.gif.
 
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Topher

Identifies as young
Reddragon - console warrior
Redgamingtech or something like that - HW youtube with okay sources but does like his rumors

Thank you. That is who I was thinking of. I don't know this red dragon guy. Sounds like that is a good thing.
 
Sounds like you're willing to make a bet 😁.

I love bets. Are we talking a money bet? Buy a game for you bet? Or are we talking an avatar bet?

And as you can see, even when more than a year has passed, I keep my promises.







So what kind of bet you willing to make? And let me know what the bet is regarding the Activision deal, and we shall deal.



Birdman Rubbing Hands GIF
 

feynoob

Banned
I love bets. Are we talking a money bet? Buy a game for you bet? Or are we talking an avatar bet?

And as you can see, even when more than a year has passed, I keep my promises.







So what kind of bet you willing to make? And let me know what the bet is regarding the Activision deal, and we shall deal.



Birdman Rubbing Hands GIF

Steam deck, and my bet is that it will pass this year.
If it doesnt, I would myself close to bald.
Regret Lol GIF by Outside TV
 

Banjo64

cumsessed
What's more, Sony has many high-quality existing games and an unrivaled war chest of intellectual property spanning movies, television, and music, upon which it can draw to develop even more games and franchises. If Xbox were to remove Call of Duty from PlayStation, Sony has more than enough weapons in its arsenal to continue to compete effectively.



YouSunkMyBattleship.gif.
Wait I’m confused. How can Sony draw upon their music division to develop games?

And are Nintendo a direct competitor to PlayStation, or not?

You can’t say that Sony have an unrivalled war chest of IP with a straight face compared to Nintendo and even Microsoft?

Sony don’t own any of their traditionally associated IP (Crash, Spyro, Tomb Raider and Final Fantasy). Their biggest IP = Uncharted, God of War, Gran Tursimo, Horizon and TLoU.

Compared to Pokémon, Mario, Mario Kart, Zelda, Smash, Animal Crossing / TES, Fallout, Doom, Halo, Gears of War, Forza - well, there is no comparison.

When you get in to B tier properties the gap becomes a chasm. Rare and Zenimax’s back catalogue alone mop the floor with Sony’s.
 

Banjo64

cumsessed
I love bets. Are we talking a money bet? Buy a game for you bet? Or are we talking an avatar bet?

And as you can see, even when more than a year has passed, I keep my promises.







So what kind of bet you willing to make? And let me know what the bet is regarding the Activision deal, and we shall deal.



Birdman Rubbing Hands GIF

You keep your promises? You’ve said about 3 times that you’ll stop posting in this thread until the middle of 2023.
 
What's more, Sony has many high-quality existing games and an unrivaled war chest of intellectual property spanning movies, television, and music, upon which it can draw to develop even more games and franchises. If Xbox were to remove Call of Duty from PlayStation, Sony has more than enough weapons in its arsenal to continue to compete effectively.



YouSunkMyBattleship.gif.

Are you saying this unironically?

I love bets. Are we talking a money bet? Buy a game for you bet? Or are we talking an avatar bet?

And as you can see, even when more than a year has passed, I keep my promises.







So what kind of bet you willing to make? And let me know what the bet is regarding the Activision deal, and we shall deal.



Birdman Rubbing Hands GIF


Hmm...let's see...why not a game bet? Standard editions only. Terms are if MS gets the deal passed with zero concessions.

If the deal is passed and no concessions, I'll get you one game of your choice, long as it's a standard edition only. If any concessions are made, you have to do the same thing, same terms (standard editions only). No price higher than $70.

If the deal's abandoned, no one gets anything. Sound fair?
 
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Are you saying this unironically?



Hmm...let's see...why not a game bet? Standard editions only. Terms are if MS gets the deal passed with zero concessions.

If the deal is passed and no concessions, I'll get you one game of your choice, long as it's a standard edition only. If any concessions are made, you have to do the same thing, same terms (standard editions only). No price higher than $70.

If the deal's abandoned, no one gets anything. Sound fair?

Okay, is the existing 10-year offer to Sony considered a concession? I don't feel it is personally, but what say you? Because I view COD staying on Playstation as a deal Microsoft was already willing to offer as they mentioned it day one of the acquisition.

I'm good on the game bet. That's fair.

As for if the deal is abandoned, I couldn't let myself get off that easy after how I confidently I spoke lol. If the deal is abandoned, I will still get you your standard edition game, because it would mean I was wrong about everything. That would be the only fair outcome. So you win two ways. If there are real concessions (we'll work out what those are), and if the deal is abandoned.

I only win if the deal is approved without concessions. The 10 year offer to sony even allowing ps plus (which I presume sony would pay for) doesn't strike me as a concession as it likely would never match what Game Pass, but we can has that out.
 
Okay, is the existing 10-year offer to Sony considered a concession? I don't feel it is personally, but what say you? Because I view COD staying on Playstation as a deal Microsoft was already willing to offer as they mentioned it day one of the acquisition.

No, I wouldn't consider that a concession. It was something Microsoft already offered without any overt pressure or say from regulators. IMO a concession would be something regulatory bodies themselves either explicitly demand be done for approval of the deal, or a decision from Microsoft aligning with a general demand from regulators regarding the deal in order for it to be approved.

I.e Microsoft didn't offer the 10-year deal to Sony due to regulators demanding it specifically or implicitly, but because of a worry Microsoft had regarding regulators in general and them just wanting to throw something out there to appear more cooperative regarding the deal.

I'm good on the game bet. That's fair.

Cool.

As for if the deal is abandoned, I couldn't let myself get off that easy after how I confidently I spoke lol. If the deal is abandoned, I will still get you your standard edition game, because it would mean I was wrong about everything. That would be the only fair outcome. So you win two ways. If there are real concessions (we'll work out what those are), and if the deal is abandoned.

Lol hey you don't have to go out of your way on this or anything, it's just a silly bet. It's up to you if you want to do something because the deal ends up abandoned, but I'm not gonna hold it against you or anything. For me this is mainly about concessions because I'm fairly confident at least some type of concessions are going to be officially required 😏

I only win if the deal is approved without concessions. The 10 year offer to sony even allowing ps plus (which I presume sony would pay for) doesn't strike me as a concession as it likely would never match what Game Pass, but we can has that out.

Agreed. And, I only win if concessions are made through requests from any of the main regulatory bodies (FTC, CMA, EU). If some other market's regulators require concessions, it doesn't count in this case, as those are not of the main markets.

Let's hope this ordeal around the deal is settled by June. I can't take another full year of this stuff dominating gaming conversations.
 

Topher

Identifies as young
GHG GHG
Your friend is something else


Highlighting PlayStation's market share should be the crux of Microsoft's defense. That is the single most important piece of information that any antitrust judge is going to consider. That and pointing out that Microsoft/AB combined will still not overtake Sony is a compelling argument. Certainly better than this mental gymnastics of trying to drag Nintendo into the discussion. But these lawyer's do not concede points so they will argue it regardless.
 
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akimbo009

Gold Member



That's a straight gangsta response.

FTC has been humbled.


Really curious where FTC goes from here.... They really dont have a strong hand here and their position is getting batted around. Right now, it seems they are really betting on the CMA to bolster their position which is unlikely going to happen.

Balls on their court though but hard to see how they push further on this current line of thinking since it's so obvious a non-starter.
 

adamsapple

Or is it just one of Phil's balls in my throat?
Really curious where FTC goes from here.... They really dont have a strong hand here and their position is getting batted around. Right now, it seems they are really betting on the CMA to bolster their position which is unlikely going to happen.

Balls on their court though but hard to see how they push further on this current line of thinking since it's so obvious a non-starter.

They will lose badly in the court, their only course of action is to have a situation where MS pulls out of the deal themselves. And so far MS has been fairly committed to continue this in the courts.
 

GHG

Gold Member
Insufferable jingoistic cunt

It's really odd. She's of Chinese heritage but yet she seems to have a stick up her arse about China.

But I guess with the amount of money on the line for her she will say whatever is necessary to help the deal. She's clearly already spent the money or has big plans for it.

All is fair in love and war.

Edit: jesus wept it's simp city in the replies to her tweets.
 
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The compensation you receive is not at issue here. You'll find a way to make a living another way. 😉

Highlighting PlayStation's market share should be the crux of Microsoft's defense. That is the single most important piece of information that any antitrust judge is going to consider. That and pointing out that Microsoft/AB combined will still not overtake Sony is a compelling argument. Certainly better than this mental gymnastics of trying to drag Nintendo into the discussion. But these lawyer's do not concede points so they will argue it regardless.
The mental gymnastics of trying to remove the longest standing competitor in this industry is far worse.

Star Wars GIF







- Protect competition, not competitors


Slay, queen, slay !

This used to be a regulatory agency's primary charter.
 

IFireflyl

Gold Member
Dang. MS's response isn't mincing words calling out FTC

FkpuLYcWYAEaxct

The second largest tech company in the world is buying the largest third-party video game publisher in the world (who happens to be the 40th largest tech company in the world). Keep in mind that the two other major players on the console market are Sony, who is the 30th largest tech company in the world, and Nintendo, who is the 46th largest tech company in the world.

So the second largest tech company is buying another tech company who is already larger than one of the other major players in the console market (Nintendo), and you can't see how that is monopolistic behavior? Microsoft's Market Cap is about $1.8 trillion. Sony's is about $96 billion. Activision Blizzard's is about $59.5 billion. Nintendo's is about $49.5 billion. Microsoft's response about the competition's "deep pockets" is retarded on its face.
 
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I just legitimately want to know if Sony has an actual plan for a Playstation without Call of Duty.

From where I'm sitting, it seems like Sony is kinda fucked here and they don't really have anything that could remotely possibly even pretend to replace it. They let Killzone and SOCOM both die, not that either were ever anything more than niche titles in their heyday, but this seems like an abject lesson in growing too dependent on third party developers for content.

Nintendo had it right from day 1, they don't need any third parties to be successful.
 
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