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

Do you believe the deal will be approved?


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People aren't hiding it anymore.


asks mr bean GIF


adamsapple adamsapple

Is that twatter account still just a "news aggregator" or are we now free to ignore it for the influencer/fanboy fodder it always was?
 
I actually think Xbox having Cod Exclusive would be good, finally some new or old 1st person exclusives on Playstation plus how bad has the last 3 cod's been
 
I actually think Xbox having Cod Exclusive would be good, finally some new or old 1st person exclusives on Playstation plus how bad has the last 3 cod's been

I'm highly against the deal, but I would be curious to see how Sony would respond to COD exclusivity (after their marketing contract is up). I think SIE pivoting to live-service/multiplayer games was the right move in hindsight, and they can stay the course for now (especially with the 10 year COD guarantee). If they stayed single-player focused and lost COD by 2025, SIE would be in a frenzy.

But MS won't make COD exclusive because apparently the revenue generated from PS users is too significant. Somehow, they even convinced the CMA that it wouldn't make financial sense to cut off PS, despite Micrsoft's insane amount of cash reserves and ability to loss-lead Game Pass. Things could change in 10 years, but right now PlayStation is cruising, and the PS6 will still have COD unless MS reneges.

That said, fresh FPS IPs from SIE are already in the works. We know they are publishing third-party shooters from Deviation and Firewalk Studios, and Bungie is working on another (likely multiplat). I'd love for one of those games to turn into a major (military shooter) franchise that challenges COD.
 


Would be interesting to know what the new concessions are, will only probably know at the end of the EC/CMA process I think.

13 working days left for the CMA (me just more looking forward to the bank holiday)
 
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Would be interesting to know what the new concessions are, will only probably know at the end of the EC/CMA process I think

Still trying to figure out how they are regulating a service MS doesn't even sell on Xbox. Surely they know by now Xbox has no stand alone cloud service. They aren't Stadia.
 
Yeah, the actions from regulators were nothing short but pathetic. Trying to regulate a market that hasn't even established yet? Did Nostradamus come back to life or something? Or did they discover a mine with crystal balls?
Excellent point. Over regulating a nascent market is a good way to keep it from reaching its full potential.
 
Excellent point. Over regulating a nascent market is a good way to keep it from reaching its full potential.
It actually reminds me of that time when there was Microsoft vs USA lawsuit and looking at it now - the points they were arguing about became completely irrelevant later. So they failed predict the future at that time.
 
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Still trying to figure out how they are regulating a service MS doesn't even sell on Xbox. Surely they know by now Xbox has no stand alone cloud service. They aren't Stadia.
I admire your power with your words.

It's as if MS doesn't have any other business aside of Xbox.
 
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The CMA published the responses to the addendum PF:

- Microsoft (6 pages)

The Provisional Findings Addendum confirms that Microsoft's incentives in relation to Activision content cannot be extrapolated from past conduct. The recognition that, in fact, Microsoft's past actions were not good evidence of any incentive to foreclose must also mean that the CMA should revisit its incentive analysis in relation to Theory of Harm 2 (cloud game streaming), which is focussed on qualitative evidence. At the same time, this should also cause the CMA to re-assess the current evidence available to it relating to Microsoft's incentives in relation to cloud game streaming.

The qualitative factors on which the CMA relies to question Microsoft's incentives to withhold more generally have been re-assessed and ultimately dismissed. The CMA has not undertaken any comparable exercise quantifying incentives in relation to Theory of Harm 2 as it did for Theory of Harm 1. The absence of that analysis does not somehow make the qualitative evidence in relation to Theory of Harm 2 stronger. Indeed, the absence of any, even broad, profitability analysis to support Theory of Harm 2 further undermines the conclusions. As has been explained to the CMA, [REDACTED].

The qualitative evidence available to the CMA in fact shows that Microsoft has entered into agreements with NVIDIA, Boosteroid and Ubitus, pursuant to which the distribution of Activision content on multiple cloud gaming services is provided for, should the Merger proceed. Not only does this show that Microsoft has no ability to withhold Activision content from rival cloud gaming services (given the presence of legally binding and enforceable agreements with these providers), it is also clear evidence of Microsoft's intention not to withhold Activision content from other cloud gaming services. Any analysis of both Microsoft's ability and incentive should be updated accordingly to reflect this development. Simply put, the CMA has found no incentive to withhold Activision content in relation to console, and the evidence shows it should reach the same conclusion in relation to cloud game streaming.


- Sony (10 pages)

The CMA's reversal of its position on its consoles theory of harm is surprising, unprecedented, and irrational.

The Addendum takes a diametrically opposite approach and focuses almost exclusively on a single economic model on which it places "significantly more weight" than other available evidence.

In conclusion, SIE respectfully submits that the Addendum does not justify the CMA's U-turn on the consoles theory of harm. The revised LTV model is vitiated by errors that bias the model to finding no incentive to Microsoft to foreclose. The Addendum jettisons, without sound reason, the PFs' thorough analysis of other evidence establishing Microsoft's incentives. And the Addendum's partial foreclosure discussion is based on pure speculation, rather than evidence. To reach a robust decision, the CMA should revisit its analysis of Microsoft's incentives and partial foreclosure, correcting for the errors identified in this paper.


- Joost Rietveld, Associate Professor of Strategy and Entrepreneurship UCL School of Management, in Canada (23 pages)

Cloud Gaming Is Not A Distinct Market

A Typology of Cloud Gaming Services and What It Means for Microsoft's Proposed Acquisition of Activision Blizzard

There exists significant ambiguity as to whether cloud gaming should be considered a distinct market or not. The CMA's final decision on whether to block or clear Microsoft's proposed acquisition of Activision Blizzard hinges in large part on this very question. Here, I have put forward the argument that we cannot combine all cloud gaming services into a single, clearly defined market definition. Rather, we can identify four types of gaming services that each use and rely on cloud streaming technology in different ways.

Microsoft's Game Pass offers cloud streaming as a feature; cloud gaming is an ingredient to a much broader value proposition that also includes natively run games as well as other services. Cloud-gaming-as- a-feature services arguably do not compete against cloud-gaming-as-a-complement (e.g., NVIDIA's GeForce Now, Boosteroid) and cloud-gaming-as-an-input services (e.g., Ubitus, GameStream) due to their more specialized offerings and differences in target customers. Microsoft arguably does compete against cloud-gaming-as-a-platform services such as Amazon's Luna and Blacknut—though not so much because they both stream games from the cloud, but rather because they both provide consumer-facing video game distribution platforms to overlapping customer bases.

To date, however, Activision Blizzard has not released any of its internally-developed video games on any of the cloud-gaming-as-a- platform services. Moreover, several cloud-gaming-as-a-platform services have ceased operations as this type of service has generally struggled to gain traction with consumers.

Consumers' willingness-to-pay for standalone cloud gaming services apparently is low and this is perhaps the strongest indication that cloud gaming should not be considered a distinct market: Cloud streaming is a potentially promising distribution method that will very likely continue to be used and relied upon to various extents by different companies with different offerings aimed at a diverse set of customers that can be both end users and business-to- business customers.

It behooves the CMA—and other agencies—to view it as such.
 
As SIE's CEO, Jim Ryan, explained to the CMA at the Remedies Hearing, if PlayStation received a degraded version of Call of Duty, it would "seriously damage our reputation. Our gamers would desert our platform in droves and network effects would exacerbate the problem. Our business would never recover."

🤡
 
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"Third, the cinematic single-player campaign length of Call of Duty is around 6-8 hours.10 The single-player campaign of Call of Duty is one of its most compelling elements that is valued by gamers.11 And it is an important element that differentiates it from other franchises, shooters or otherwise, including the only two franchises with comparable engagement to Call of Duty: FIFA and Fortnite. By assuming that no gamers with less than 10 hours of gameplay would switch, the Addendum ignores gamers who buy Call of Duty just to play the single-player campaign. But those players may still be committed to playing each new release of Call of Duty and therefore be highly relevant as potential switchers."

"By way of example, within a week of releasing Modern Warfare II, Digital Foundry, a leading analyst, compared performance on PlayStation 5 and Xbox Series X and S. Another industry specialist, VG Tech, compared the frame rates of Modern Warfare II across PlayStation 5 and Xbox Series X.23 Studies show that these types of comparisons are highly influential. As shown in the figure below, the level of social conversation surrounding consoles and games is extremely high."
 
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Sony's answer has been pretty articulated and they essentially called out strongly all the weak points of the u-turn.

The CMA has put themselves in a weak position with their 180. You just can't admit that you fucked up your maths in 9 months of investigations and then in 1 extra month you can make a credible reassessment of the situation, quickly discarding all your theories.

Since everyone can go to CAT if they feel a CMA decision is vitiated by errors and given Sony's response I think that CMA has left ample room to both Microsoft and Sony to go to CAT to ask a full re-examination.
 
Sony's answer has been pretty articulated and they essentially called out strongly all the weak points of the u-turn.

The CMA has put themselves in a weak position with their 180. You just can't admit that you fucked up your maths in 9 months of investigations and then in 1 extra month you can make a credible reassessment of the situation, quickly discarding all your theories.

Since everyone can go to CAT if they feel a CMA decision is vitiated by errors and given Sony's response I think that CMA has left ample room to both Microsoft and Sony to go to CAT to ask a full re-examination.

Sony is not a party in the acquisition. So no Sony cannot go to CAT
 
"Conversations in forums, chatrooms and public gaming sessions confirm that gamers are very conscious of the slightest changes in a game's performance.24 As the highly confidential figure below shows, details such as crashes, freezes and glitches, as well as graphics and load times, have a significant impact on consumer satisfaction"

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- Joost Rietveld, Associate Professor of Strategy and Entrepreneurship UCL School of Management, in Canada (23 pages)

Cloud Gaming Is Not A Distinct Market

A Typology of Cloud Gaming Services and What It Means for Microsoft's Proposed Acquisition of Activision Blizzard
Correcting Idas on Era, the professor is in the UK not Canada (the street is called One Canada Square)
 
Both companies using journalism.
And just last week, two days before the Addendum was published, on March 22, the video game trade publication IGN published fresh evidence in the form of an interview with Redfall's creative director, Harvey Smith, that provides additional insight into Microsoft's strategy.19 Like Call of Duty, Redfall is a first-person shooter game that features both single player and cooperative multiplayer modes. In his interview with IGN, Mr. Smith explained that Redfall was originally planned to be released on all platforms, including PlayStation, but once Microsoft acquired Bethesda, there was a "huge sea change … [Microsoft] said, 'No PlayStation 5. Now we're gonna [sic] do Game Pass, Xbox, and PC.'"20 He also explained that ZeniMax "was working on a PlayStation 5 version of the game" until Microsoft bought ZeniMax. After the acquisition, Microsoft "then canned the [PlayStation 5] port."21 Even though the studio had already put in the work to make a PlayStation version of the game, Microsoft decided to terminate this work and make the game exclusive to Xbox.
 
If you mean Microsoft forcibly bending over Sony then yes, I agree. Jimbo is going down fighting.

sexual assault rape GIF
MS is expert in this field (1990s).

As for Jimbo, he is clown. I thought he was really smart guy. You can't go ahead and spew these claims.
Any degradation in the price, performance, or quality of play on PlayStation or any delays on release would quickly harm SIE's reputation and cause a loss of engagement and of players. As SIE's CEO, Jim Ryan, explained to the CMA at the Remedies Hearing, if PlayStation received a degraded version of Call of Duty, it would "seriously damage our reputation. Our gamers would desert our platform in droves and network effects would exacerbate the problem. Our business would never recover."
 
You were clowning on Microsoft lawyers for using Warren's articles to support their arguments some time back

But now Sony's lawyers are bringing up 10 year old Giant Bomb threads (https://www.giantbomb.com/forums/general-discussion-30/are-gamers-to-picky-544141/) to support their argument lmfao

Wonder what your thoughts on that are?

Same stance - Weak arguments and if you want your arguments to have credence they should be avoided. There are far better ways to reference your stances than using forums/twitter/journalists.
 
Sony is not a party in the acquisition. So no Sony cannot go to CAT
I also thought it was like that but...

How do I appeal a CMA?
Any person aggrieved by a decision of the CMA or the Secretary of State in connection with a merger situation or market investigation may make an application to the Tribunal for a review under section 120 (mergers) or section 179 (market investigations) of the Enterprise Act.
 
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