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[Foilz]

Yeah, I am in the same boat. The CMA's comments in the provisional findings did not look good for the 10-year promises by MS.

Besides, the CMA clearly said that the suggested behavioral remedies (if MS convinces the CMA on the idea of behavioral remedies in the first place) should be similar to the structural remedies (divestment) in effect. Microsoft submitted the same 10-year promises and completely disregarded CMA's request.

They also didn't really address their cloud gaming concerns with these 10-year promises. Nvidia was never considered as the main affected party by the CMA, so that Nvidia deal does not really matter.

This will likely be blocked by the CMA.

Why would a 10 yr agreement not be good enough? That's literally 2 console generations of games. A binding legal contract to be basically on parity and included in sonys own ps+ plus other financial benefits. If I was MS and the cma does try to block it I'd still buy them say f-ofd to the UK and let battlefield reign supreme there. Then work out some kind of exclusive deal with ea to fk over Sony some more

 

[Mibu no ookami]

Means nothing since there was no binding legal contract and technically they did keep games on ps by supporting the existing contracts

They don't have an option but to honor existing contracts, they'd face legal action if they didn't.

It goes to behavior and intent, so yeah, it means quite a bit.

 

[kaizenkko]

Means nothing since there was no binding legal contract and technically they did keep games on ps by supporting the existing contracts

It actually means that, after the ten years established in the contract, Microsoft will probably not release any Activision titles for Playstation or other platforms/services.

 

[ChorizoPicozo]

eans nothing since there was no binding legal contract and technically they did keep games on ps by supporting the existing contracts

Apple seems to be doing fine. You can install Linux if you want

what if you HAVE to use windows?

 

[DarkBatman]

Means nothing since there was no binding legal contract and technically they did keep games on ps by supporting the existing contracts

Would Starfield and Elder Scrolls VI have come out for the PS5 if MS hadn't bought Zenimax? 100%.
This "It was never announced for the PS5, so nothing was taken away" is absolute PR bullshit that could fly straight out of Phil Spencer's mouth.

 

[Dr_Ifto]

Would Starfield and Elder Scrolls VI have come out for the PS5 if MS hadn't bought Zenimax? 100%.
This "It was never announced for the PS5, so nothing was taken away" is absolute PR bullshit that could fly straight out of Phil Spencer's mouth.

Starfield was already announced for PS5 as well

 

[Urban]

Lulu is having more fun today

Who is she talking about?

 

[Mibu no ookami]

Why would a 10 yr agreement not be good enough? That's literally 2 console generations of games.

10 years is no longer 2 generations AND the industry is fast changing.

We are dealing with an era of big tech and ushering in Microsoft as a monopoly in cloud and subscription gaming at the outset of these two emerging markets isn't what a regulator conscious of big tech is going to do.

 

[Hendrick's]

Why would a 10 yr agreement not be good enough? That's literally 2 console generations of games.

It's an unprecedented deal of this kind. Sony is going all in though. Like Jim said, they don't want a deal. The CMA has been parroting Sony's argument from the start, because they are either too stupid or lazy to come up with their own and know this is all a charade anyway, so why put in the effort.

 

[Foilz]

They don't have an option but to honor existing contracts, they'd face legal action if they didn't.

It goes to behavior and intent, so yeah, it means quite a bit.

But still with the zeni deal there were no binding contract offers made to keep games on other platforms. If there was any then Ms didn't follow through them they would have some ammo to fire back at this deal but there never was any. This time there is

 

[Foilz]

They don't have an option but to honor existing contracts, they'd face legal action if they didn't.

It goes to behavior and intent, so yeah, it means quite a bit.

But still with the zeni deal there were no binding contract offers made to keep games on other platforms. If there was any then Ms didn't follow through them they would have some ammo to fire back at this deal but there never was any. This time there is.

It's an unprecedented deal of this kind. Sony is going all in though. Like Jim said, they don't want a deal. The CMA has been parroting Sony's argument from the start, because they are either too stupid or lazy to come up with their own and know this is all a charade anyway, so why put in the effort.

Sony def moneyhatted some peeps with that ps swag

 

[Alex Scott]

Starfield was already announced for PS5 as well

It nerver was announced for PS5 or any platform. But if Zenimax wasn't acquired, then it would have come to PS5.

 

[Topher]

But still with the zeni deal there were no binding contract offers made to keep games on other platforms. If there was any then Ms didn't follow through them they would have some ammo to fire back at this deal but there never was any. This time there is.

Which means CMA isn't impressed by time-limited deals in this case. The fact that Microsoft can yank Call of Duty back 10 years and 1 day later makes the entire thing incredibly short-sighted.

Sony def moneyhatted some peeps with that ps swag

I guess Microsoft's swag somehow got redirected to CADE.

 

[Hendrick's]

Which means CMA isn't impressed by time-limited deals in this case. The fact that Microsoft can yank Call of Duty back 10 years and 1 day later makes the entire thing incredibly short-sighted.

It's 10 years. That's a crazy amount of time for any deal.

 

[graywolf323]

It nerver was announced for PS5 or any platform. But if Zenimax wasn't acquired, then it would have come to PS5.

yep, technically it was only anounced for 'next-gen' but they also apologized for it not coming to PS5

E3 2018: Bethesda Reveals 'Next-Gen' Game Starfield - IGN

Bethesda's open-world game will stand alongside the Fallout and Elder Scrolls games.

www.ign.com

Bethesda exec says he’s “sorry” for lack of PS5 Starfield

“I’m certain that’s frustrating… but there’s not a whole lot I can do about it.”…

arstechnica.com

 

[Topher]

It's 10 years. That's a crazy amount of time for any deal.

Any company, Microsoft, Sony, whoever, wouldn't think twice about committing to a ten year deal if it meant having Call of Duty all to themselves at the end. That's a no-brainer deal.

 

[NickFire]

It's 10 years. That's a crazy amount of time for any deal.

10 years is nothing. Ever hear of a 99 year lease in the real estate sector?

 

[Mibu no ookami]

Why would a 10 yr agreement not be good enough? That's literally 2 console generations of games. A binding legal contract to be basically on parity and included in sonys own ps+ plus other financial benefits. If I was MS and the cma does try to block it I'd still buy them say f-ofd to the UK and let battlefield reign supreme there. Then work out some kind of exclusive deal with ea to fk over Sony some more

Saw that you edited your comments to add in ignoring the CMA.

I believe they can fine Microsoft up to 10% of its annual global revenue (and that's Microsoft not Xbox).

That would be about 20 billion dollars.

 

[Mibu no ookami]

But still with the zeni deal there were no binding contract offers made to keep games on other platforms. If there was any then Ms didn't follow through them they would have some ammo to fire back at this deal but there never was any. This time there is

There wasn't a deal but there were public statements, that were quickly disregarded.

That goes to intent which is particularly important when you're dealing with the enforceability and risk of circumvention on a deal.

The deal proposed by Microsoft is EASILY circumvented and difficult to enforce.

Let's do an exercise. Microsoft cheats on the deal, how do you detect it, when is it detected, and what is the resultant penalty?

 

[3liteDragon]

Sony's response to the CMA's findings:

MGS - Multi-Game Subscription

Full 13-page PDF: https://assets.publishing.service.g...on_Remedies_Notice__Revised_NCV__redacted.pdf

 

[Topher]

Yeah Lulu, you really told on Jim, didn't you?

 

[Pelta88]

Phil right now

 

[Banjo64]

Sony's response to the CMA's findings:

MGS - Multi-Game Subscription

Full 13-page PDF: https://assets.publishing.service.g...on_Remedies_Notice__Revised_NCV__redacted.pdf

This whole thing has turned me off Microsoft and Xbox completely. Prior to this they'd played their hand well. The veil slipped and they've made it blatantly obvious that they are playing the long game here to extinguish the competition. So much for Phil's 'we can all do well' mantra.

 

[Banjo64]

Phil right now

The fact that Microsoft's legal team hasn't told everyone that they should shut the fuck up like 12 months ago is mind blowing. Mind blowing.

 

[ChorizoPicozo]

extinguish the competition

interesting phrase.

 

[bender]

Yeah Lulu, you really told on Jim, didn't you?

I sat down for a one-on-one interview with Lulu and this subject came up. Her response:

Spoiler

 

[jhjfss]

CMA prepared to diverge from counterparts on Microsoft/Activision Blizzard merger decision

The UK’s Competition and Markets Authority (CMA) would not refrain from diverging from the position of other regulators such as the European Commission (EC) in its final report on the proposed merger between Microsoft and […]

www.equityreport.co.uk

 

[graywolf323]

The fact that Microsoft's legal team hasn't told everyone that they should shut the fuck up like 12 months ago is mind blowing. Mind blowing.

heck one of their worst talkers has been Brad Smith and he's their Vice Chair and President but before that he was their General Counsel so you'd think he'd know better

Brad Smith (American lawyer) - Wikipedia

en.wikipedia.org

interesting phrase.

Embrace, extend, and extinguish - Wikipedia

en.wikipedia.org

 

[balls of snow]

Its been facinating to watch unfold. Just want to add if the deal does not go through, hope xbox still remains intact. Sony needs a big bad wolf with a fuckton of money as a rival. Imagine if ms game studios was actually competent in releasing bangers regularly, sony would fund a bloodborne 2 in a heartbeat.

 

[Wulfer]

Let's see him smile next year when he tries to renew this COD contract with ABK if the merger is blocked! "You get 10% Jim take it or leave it!"

 

[jm89]

Let's see him smile next year when he tries to renew this COD contract with ABK if the merger is blocked! "You get 10% Sony take it or leave it!"

Well the other path is it isn't blocked and MS own cod so they never get a cod contract like now. They'll take that as a win.

 

[Wulfer]

Well the other path is it isn't blocked and MS own cod so they never get a cod contract like now. They'll take that as a win.

It's clear Sony can kiss 30% bye either way!

 

[In Cold Blood]

Dude, take a break.

Nah

 

[Pelta88]

The fact that Microsoft's legal team hasn't told everyone that they should shut the fuck up like 12 months ago is mind blowing. Mind blowing.

The irony is that if this deal fails, Phil's PR is a huge reason for the failure.

I blame the sycophants who convinced Phil that doing endless PR is a reasonable substitution for releasing great games.

 

[Yoboman]

Means nothing since there was no binding legal contract and technically they did keep games on ps by supporting the existing contracts

Apple seems to be doing fine. You can install Linux if you want

It means something because it's evidence of Microsoft being dishonest with their intentions. The Bethesda deal would have passed either way, but instead they have created a statement that brings all their future intentions into question

 

[Banjo64]

Just finished reading Microsoft's response.

It's a load of tripe.

This is getting blocked by the CMA then, unless there's a massive tonal shift from Microsoft.

 

[knocksky]

Sony's response to the CMA's findings:

MGS - Multi-Game Subscription

Full 13-page PDF: https://assets.publishing.service.g...on_Remedies_Notice__Revised_NCV__redacted.pdf

Just reading this makes me want the deal to go through.

If Sony had had the money to hoover up a publisher or two during the PS4 era they would have done. And would have taken great delight in curb stomping Microsoft out of the console business.

 

[gothmog]

Let's see him smile next year when he tries to renew this COD contract with ABK if the merger is blocked! "You get 10% Jim take it or leave it!"

What does leave it even mean? You're delusional if you think ABK is going to any way threaten Sony if the deal folds.

 

[Hendrick's]

Any company, Microsoft, Sony, whoever, wouldn't think twice about committing to a ten year deal if it meant having Call of Duty all to themselves at the end. That's a no-brainer deal.

They are also paying 70 billion. They shouldn't have to make any deal.

 

[Topher]

They are also paying 70 billion. They shouldn't have to make any deal.

Microsoft isn't above the law

 

[AlphaDump]

This whole thing has turned me off Microsoft and Xbox completely. Prior to this they'd played their hand well. The veil slipped and they've made it blatantly obvious that they are playing the long game here to extinguish the competition. So much for Phil's 'we can all do well' mantra.

The fact that Microsoft's legal team hasn't told everyone that they should shut the fuck up like 12 months ago is mind blowing. Mind blowing.

Absolutely, and exactly where my head is with all of this. I am in disbelief about how they have conducted themselves throughout the whole process. Even their leadership on Twitter being just so unbelievably unprofessional and demonstates a true sense of smug and arrogance towards all of the valid concerns. It's just unreal to see this unfold in real-time.

The mask has absolutely slipped, and anyone on board with this acquisition i seriously question.

 

[James Sawyer Ford]

They are also paying 70 billion. They shouldn't have to make any deal.

You can't simply pay as much as you want and get something done if it's not deemed legal

So yeah, if they want to acquire ATVI they will need to deal. And a lot more than they've already done to appease the CMA

 

[Wulfer]

What does leave it even mean? You're delusional if you think ABK is going to any way threaten Sony if the deal folds.

Microsoft's already willing to pay one way. I can't imagine there's any way Sony gets to keep it's exclusive lock on COD after all of this! This is just being plain honest. Deals are deals but, this has become more than deals in a back room. Bad blood has been spilled in the back room and Sony's blood (DNA) is all over the door knob. Jimbo doesn't have anything to be smiling about, if he truly said "He wasn't here to sign a deal and he was there to block the deal" to ABK Excs faces! This is clearly going against what ABK wanted why would you give him the same deal or a deal at all after that? ABK isn't some sheep to be rode whenever Jim feels like it.

 

[Topher]

Microsoft's already willing to pay one way. I can't imagine there's any way Sony gets to keep it's exclusive lock on COD after all of this! That's just being plain honest. Deals are deals but, this has become more than deals in a back room. Bad blood has been spilled in the back room and Sony's blood (DNA) is all over the door knob.

Overly dramatic. This is business. Even Lulu said at the end of the day these companies have to work together no matter how this shakes out.

 

[Hendrick's]

Microsoft isn't above the law

What law is that? There is no law against this and none of these regulatory bodies are part of the legal system.

 

[Unknown Soldier]

Any company, Microsoft, Sony, whoever, wouldn't think twice about committing to a ten year deal if it meant having Call of Duty all to themselves at the end. That's a no-brainer deal.

Imagine if Russia came and offered to let Ukraine keep it's territory including Crimea for 10 years. That seems like a perfectly reasonable deal, right? Ukraine should totally take such a reasonable deal.

It's kind of like how the British Empire forced what was then Imperial China to sign a 99 year lease for Hong Kong after the Opium Wars. Turns out that even 99 years isn't forever. That lease ended. The British sailed out of Victoria Harbor in 1997, never to return. Today Hong Kong is a part of China.

The idea that any deal with a time limit is perfectly OK is completely hilarious. It doesn't matter if the time limit is 10 years or 99 years. Sony wants to kill the deal because MS hasn't offered CoD in perpetuity and obviously will not because their goal is to eventually deny CoD to Playstation. If MS has to wait 10 years that's perfectly fine with them. Monopolists play the long game and think further ahead than 10 years. Sony also thinks further ahead than 10 years and they know what would happen if this deal went through with a 10 year time limit.

 

[Topher]

What law is that?

The laws regulators like CMA are enforcing.

 

[GHG]

If Sony had had the money to hoover up a publisher or two during the PS4 era they would have done. And would have taken great delight in curb stomping Microsoft out of the console business.

That didn't happen and if it did they would have had to go through exactly the same regulatory process that Microsoft is currently.

All these fantasy "if Sony could..." scenarios are nonsense. That's not the reality. The reality is what we are currently living and witnessing. Wanting the deal to go through because of fictional fantasies is bizarre to say the least.

 

[Hendrick's]

The laws regulators like CMA are enforcing.

They aren't enforcing laws and they have no power to do so even if there was a law.

 

[Topher]

They aren't enforcing laws.

What are they doing then?