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

Do you believe the deal will be approved?


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18:00 PM
Smith: Sony says Call of Duty is a must-have product, but that 'must have title' was only available on 120 million devices. And if this deal goes through, it'll be available on 150 million more devices.

Is he just talking about PS4 or what am I missing? lol
Doesn't PS4/5, Xbox One, Series X and S make it like 200+ million devices?
 

reksveks

Member
The usual broken record. They haven't reached any agreement with Sony.
And they never will if their only proposal is to offer the 70$ version of COD for 10 years and that's it.
Again they don't have to but it would help them for sure.

So that's the cloud and Call Of Duty issues dealt with, time to get this deal done.
it deals with some of it, not all of it sadly.
 

JLB

Banned
The usual broken record. They haven't reached any agreement with Sony.
And they never will if their only proposal is to offer the 70$ version of COD for 10 years and that's it.

MS is probably open to offer Gamepass on Playstation. Is Sony the one blocking that.
 

jm89

Member
No reason for sony to accept though. They way i look at it is whatever MS is offering will be taken as the minumim offer.

Let's say sony don't accept it, regulators are gonna look at what MS offered and aren't exactly going to give them a worse deal then MS have already offered nvidia.
 
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feynoob

Banned
So it's basically them just crying? "Please! We need CoD to compete! We're getting our asses kicked out here!".

In Japan, it is 96/4.

Someone do the math, who has the right numbers, Famitsu or Media Create?
If they aren't counting PS5 vs Xseries only, then it makes sense.
Xbox one sold like 200+k.
 

feynoob

Banned
LMAO

Please, Sony, treat our workers fairly!
What the fuck happened to the 360 days? Did Sony dominate that? I might've slept through it.
eyes monkey GIF by DONAU 3 FM

Activision when it comes to their workers.
 

GHG

Gold Member
Regulators, Nintendo, Nvidia, MS to some extent.

Nvidia have won regardless here since its for all Xbox games, Nintendo do only if the deal goes through.

At this point I think Microsoft are only trying to make this go through to save face. Satya will have told them to stop embarrassing him. I say that because under the current and proposed terms I don't see how this is still worth 70 billion.
 
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Banjo64

cumsessed
We don't think it's realistic that one part of this company can be carved out from the rest, says Brad Smith, responding to a question about whether they would consider selling the brand to get the deal over the line.

Deal is all but dead then unless they significantly increase the 10 year term.
 

Little Chicken

Gold Member
18:00 PM
Smith: Sony says Call of Duty is a must-have product, but that 'must have title' was only available on 120 million devices. And if this deal goes through, it'll be available on 150 million more devices.

Is he just talking about PS4 or what am I missing? lol
Doesn't PS4/5, Xbox One, Series X and S make it like 200+ million devices?

Talking about Switch and GeForce Now.
 

SSfox

Member
18:00 PM
Smith: Sony says Call of Duty is a must-have product, but that 'must have title' was only available on 120 million devices. And if this deal goes through, it'll be available on 150 million more devices.

Is he just talking about PS4 or what am I missing? lol
Doesn't PS4/5, Xbox One, Series X and S make it like 200+ million devices?
Even Will Smith knows better about gaming than this random
 

ToadMan

Member
They have lost a case internally, even 2 last year, and then appealed, again internally and won all of the appeals. Doesn't change the FACT that they lost initially in their internal, controlled by them court, and had to appeal to get their decision made their way. What is so hard to understand?

No they haven’t.

What you googled and pasted so carelessly and without comprehension, are cases that haven’t completed the process and/or are not in the FTC administrative court.

For the dense - yes, MS are being taken through the FTC administrative court process so yes (if the case gets that far), they will lose there.



  • First, the FTC’s five commissioners vote to initiate complaints.
  • Second, the staff investigates and tries those complaints before the agency’s Administrative Law Judge (ALJ).
  • And then those same commissioners sit as judges who evaluate the very complaints that they initially approved.
In other words, the FTC serves as prosecutor, judge, and jury, and, of course, the FTC also sometimes acts as a legislator, promulgating rules that American businesses must follow. Only after all three steps of the adjudication process does an accused wrongdoer finally have a chance to appeal to an impartial federal court, often after years of delay and millions of dollars in legal fees.

Given this structure, the FTC sides with its own complaint 100% of the time—odds that prompt most parties to settle. Over the last 25 years, the FTC’s commissioners have affirmed every single case where its ALJ has ruled for the FTC and overturned every single case where its own ALJ ruled for the defendant



https://www.uschamber.com/finance/a...merican-business-and-violates-the-rule-of-law
 
MS never wanted COD exclusive, they said that from the beginning, they want it on Gamepass.
Hopefully that happens.

Minecraft is already a precedent for this, other platform players didn't suffer at all.

Minecraft was never an IP that could lure in huge swaths of hardcore and core gamers. COD is. It's shown that already on the 360 and again on PS4. Microsoft knows this.

So you want PS to get it on their sub service and not have to pay a fair price for it. I understood you the first 2 times.

It's not about sympathy. It just doesn't seem logical or fair to me. Selling it on the storefront is one thing. That seems totally fine. But you're asking MS to give it away to Sony on a sub service and then not have it be paid for, which is a totally different thing entirely. Just a bizarre leap in my opinion.

He's not saying that; he's telling you what regulators are likely to want. Whether his wants line up with the decision of regulators doesn't matter; that would just be a coincidence.

Like they said, it's not about being "fair" to Microsoft (although even I would agree there are certain remedies that could be argued as overly harsh i.e divesting COD and then selling COD to Amazon, Apple, Tencent or Take-Two, which would ironically still be further consolidation), it's about ensuring Microsoft can't manipulate the market.

Looks like the meeting is over:



This is as corny as the time Jim Ryan was asked about his favorite PlayStation games and he just started naming all of the most recent releases 😂
 

reksveks

Member
Did he say anything like it?

So far from what I've heard, it started from "poor us" and then turned into an angry rant and sort of outburst against Sony lol. Brad is making MS appear weak as hell here.
Mark did the same for Meta in the Within case, I don't take too much stock into comments like that.

I just think the theatrical nature of this is funny and will wind people here up.

Ultimately it moves the needle very little, the ChromeOS call out was rather interesting because the EC are still wondering about the impact on PC OS choice (end user doesn't make sense imo but server side does maybe). The CMA refined that argument in the Phase 2 PF.
 

Three

Member
It would be hilarious if the deal goes through and Microsoft still fails to gain ground in market share in the end.
I mean not even MS are stupid enough to think getting CoD and claiming they don't want exclusivity anyway is going to somehow help their marketshare in Japan. Doesn't stop them from painting that picture though.
 

feynoob

Banned
We don't think it's realistic that one part of this company can be carved out from the rest, says Brad Smith, responding to a question about whether they would consider selling the brand to get the deal over the line.

Deal is all but dead then unless they significantly increase the 10 year term.
Each part of activitision benefits them massively.
They won't sell any part of them.
It's all up to regulators now.
 

analog_future

Resident Crybaby
If there's no divestment then the CMA aren't being dealt with unless the terms offered to Sony change.

"Smith says, in his view, the UK regulator did not completely shut the door on behavioural remedies rather than structural ones. In other words - he believes there's still wiggle room to get Activision Blizzard King whole."
– Tom Phillips
 
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Elios83

Member
We don't think it's realistic that one part of this company can be carved out from the rest, says Brad Smith, responding to a question about whether they would consider selling the brand to get the deal over the line.

Deal is all but dead then unless they significantly increase the 10 year term.

As expected and obvious the best they're willing to offer is the smoke and mirrors 10 years deal.
They're not even considering what CMA asked/wanted. The deal would not be worth it without controlling COD.
I don't know where this is headed but they're basically risking the all or nothing here.
 
MS never wanted COD exclusive, they said that from the beginning, they want it on Gamepass.
Hopefully that happens.

Minecraft is already a precedent for this, other platform players didn't suffer at all.
They do not need to purchase ATVI in order to get CoD on GP, even for a number of years. There are a plethora of 3rd party titles of all budget sizes that are in GP day 1 that MS does not own. Even if the deal goes through, supposedly, the marketing deal Sony has with ATVI stipulates that CoD cannot enter a competing subservice, which means even if the deal closes tomorrow, *supposedly* MS has to wait 2-3 more years before it can even get included in GP.

If they only wanted mobile, they could've merely tried to buy King from ATVI for a fair price, especially given that Kotick was looking to sell for self-preservation purpose and probably could've been convinced to sell off pieces of ABK to the highest bidder.
 
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Punished Miku

Human Rights Subscription Service
Nvidia have won regardless here since its for all Xbox games, Nintendo do only if the deal goes through.

At this point I think Microsoft are only trying to make this go through to save face. Satya will have told them to stop embarrassing him. I say that because under the current and proposed terms I don't see how this is still worth 70 billion.
I'm wondering that as well. I guess all they're giving Nvidia is cloud and that's still a relatively small market. Nintendo, not a huge deal.

The big deal is PS vs. Xbox. It's still a very high price tag.
 

JLB

Banned
No they haven’t.

What you googled and pasted so carelessly and without comprehension, are cases that haven’t completed the process and/or are not in the FTC administrative court.

For the dense - yes, MS are being taken through the FTC administrative court process so yes (if the case gets that far), they will lose there.



  • First, the FTC’s five commissioners vote to initiate complaints.
  • Second, the staff investigates and tries those complaints before the agency’s Administrative Law Judge (ALJ).
  • And then those same commissioners sit as judges who evaluate the very complaints that they initially approved.
In other words, the FTC serves as prosecutor, judge, and jury, and, of course, the FTC also sometimes acts as a legislator, promulgating rules that American businesses must follow. Only after all three steps of the adjudication process does an accused wrongdoer finally have a chance to appeal to an impartial federal court, often after years of delay and millions of dollars in legal fees.

Given this structure, the FTC sides with its own complaint 100% of the time—odds that prompt most parties to settle. Over the last 25 years, the FTC’s commissioners have affirmed every single case where its ALJ has ruled for the FTC and overturned every single case where its own ALJ ruled for the defendant



https://www.uschamber.com/finance/a...merican-business-and-violates-the-rule-of-law

Ignoring my avatar bet? Scared?
 
As expected and obvious the best they're willing to offer is the smoke and mirrors 10 years deal.
They're not even considering what CMA asked/wanted. The deal would not be worth it without controlling COD.
I don't know where this is headed but they're basically risking the all or nothing here.

I don't see a way forward here. Deals dead. Unless Microsoft do a u turn and are willing to divest
 
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HeisenbergFX4

Gold Member
18:15 PM
The number one concern that people have expressed about this acquisition is that Call of Duty will be less available to people, what we have proved is the opposite will be true. And if this deal is approved, the game will be available to 150 million more players around the world.

18:17 PM
That was a Brad Smith quote, as he wraps-up his press conference. That was it.
To recap, Microsoft has signed a deal with Nvidia and Nintendo to bring Call of Duty to GeForce Now and Nintendo Switch consoles. It will also bring all Xbox games (that are on PC) to GeForce Now. Sony, however, remains opposed to the deal and will not sign the agreement.
 
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Well, Media Create's the more accurate of the two.

He has to be going by cumulative lifetime PS sales in Japan vs. cumulative lifetime Xbox sales there.

Seems like the only way they can get a 96:4 (or 24:1) ratio. But I didn't check any numbers; just supposing.

EDIT: So I think lifetime all PS devices in Japan are around 91.42 million. PS1, 2, 3, PSP, Vita, 4, and 5.

Xbox are probably around 2.596 million (OG Xbox, 360, XBO, Series).

So I'm guessing Brad Smith is counting just consoles (excluding PSP & Vita), and by that logic yeah I guess it would be a 96:4 (24:1) ratio PS vs Xbox in Japan
 
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Banjo64

cumsessed
That was a Brad Smith quote, as he wraps-up his press conference. That was it.

To recap, Microsoft has signed a deal with Nvidia and Nintendo to bring Call of Duty to GeForce Now and Nintendo Switch consoles. It will also bring all Xbox games (that are on PC) to GeForce Now. Sony, however, remains opposed to the deal and will not sign the agreement.

That's it! Stay tuned to GamesIndustry.biz for more over the coming weeks.


Stunning and brave.
 
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