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

Do you believe the deal will be approved?


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Phil Spencer was making those promises to his own lawyers, not the FTCs. The FTC tried to push it further and the judge said nope.
point still stands. FTC trying to entertain remedies in a PI hearing shows how defeated they must have felt at that point,and the judge duly understood how outrageous that was.
 
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point still stands. FTC trying to entertain remedies in a PI hearing shows how defeated they must have felt at that point,and the judge duly understood how wack that was.

Those were not remedies. Those were arguments.

Edit: You can laugh all you want but you do not understand what the hearing was about.
 
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point still stands. FTC trying to entertain remedies in a PI hearing shows how defeated they must have felt at that point,and the judge duly understood how outrageous that was.
First time watching a court case? Lawyers push limits, especially when they smell bullshit. And Phil was stuttering with amnesia uncovering a lot of it in contrast to the PR BS he tells the consumer.

The judge moved on because it was getting argumentative, not because the lawyer "was wrong." It's standard procedure to hold order.
 
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Wanting all the money is the problem with gaming now. Nothing to do with size. The reason why they are so big is to pump out games faster and needs all the bells and whistles.

A lot of people laugh at the smaller exclusive titles like Grounded and such. They don't consider them real games.
 
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Say it pass in the ftc. Deal still really can't go thru cause of the cma tho right?

Actually CAT can make a decision without having to send it back to the CMA. For example if they determine that CMA made an error in calling cloud gaming a market. It wouldn't make sense to send it back to he CMA as that is the only theory of harm. FTC's own witness from Google was very bad for the CMA as he basically said cloud gaming is not a seperate market.
 
Phil Spencer was making those promises to his own lawyers, not the FTCs. The FTC tried to push it further and the judge said nope.

First time watching a court case? Lawyers push limits, especially when they smell bullshit. And Phil was stuttering with amnesia uncovering a lot of it in contrast to the PR BS he tells the consumer.

The judge moved on because it was getting argumentative, not because the lawyer "was wrong." It's standard procedure to hold order.



 
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Man looking at that Spencer quote about acquisitions. How insulting to the FTC lawyers, like they don't understand how acquisitions work? So condescending.

I want to give them the benefit of the doubt and say they deliberately asked an open ended question, but you never know.
 
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Yep. A normal court proceeding. Press the Xbox decision maker, defense attorney objects, the judge moves on.

Is this your first court case? There is absolutely nothing out of the ordinary here.
More to the point: It's not like anything said here is legally binding. Everyone's just kind of saying whatever they want, it's up to the FTC to prove there is a valid reason to receive a preliminary injunction to temporarily halt the acquisition until a full trial.
 

Not hiding anywhere, I do have a life outside this forum lmao

Yes I can see Microsoft wanting to keep Minecraft an Xbox exclusive originally but in the end they didn't. There were contracts in place which they have honored this entire time and at the end of the day I would say that's what matters. They have honored the Minecraft contracts just like they will honor the COD contracts.
 


A journalist with a large following. There are several just like him on Twitter.


This is a reason why many people online are misinformed on Twitter because they choose to only (for the most part) share information that fits their narrative.

They're only doing their audience a disservice.
 
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A journalist with a large following. There are several just like him on Twitter.


This is a reason why many people online are misinformed on Twitter because they choose to only (for the most part) share information that fits their narrative.

They're only doing their audience a disservice.

They can't help themselves as they can't bite the hand that feeds them
 
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A journalist with a large following. There are several just like him on Twitter.


This is a reason why many people online are misinformed on Twitter because they choose to only (for the most part) share information that fits their narrative.

They're only doing their audience a disservice.

To be fair, Destin is as much a journalist as Milli Vanilli were singers.
 
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Not hiding anywhere, I do have a life outside this forum lmao

Yes I can see Microsoft wanting to keep Minecraft an Xbox exclusive originally but in the end they didn't. There were contracts in place which they have honored this entire time and at the end of the day I would say that's what matters. They have honored the Minecraft contracts just like they will honor the COD contracts.
That wasn't what you said previously. All of you xbox fans thought ms left minecraft on playstation was because of the revenue. Until reality hit you in the face. There are no contracts with playstation currently that ms will leave cod on playstation. Just like phil and all the other lameducks that proved ms taking games away with Bethesda.
 
Expect to be exclusive is exactly why it's being blocked and challenged by the FTC so what's your point?
And just like the FTC you are working with conjecture and " what if?"…. Have fun with that. Will be interesting to see what the judge thinks this time next week……
 
Wouldn't that be with Activision agreeing to an extension first? Who would say they would go with the sale this time. Wish stuff like this can go back much faster. Whole year just takes forever

Yes they'd need to extend the contract timing.

From what I read about the AT&T - DirecTV acquisition, that got extended twice and no shareholder vote was taken…

So, assuming that applies to this acquisition, I think MS are right now opting not to extend the deal just to try and push the regulators to move without adequate preparation and the judges to feel time pressure to make a decision without adequately considering the data.

But the FTC argument for this trial and even the CMA at the CAT have basically argued that MS is pushing for a deadline that is both of their own making and could be adjusted.

Of course it could be MS expect ABK to drop to the deal on July 19 and they're trying to get it done before that. If that's the case, we may well see MS close the acquisition in the US (assuming they're not still under restraint as they are now), and run the risk of UK legal action.

Enjoy the show! 🍿🍿🍿
 
And just like the FTC you are working with conjecture and " what if?"…. Have fun with that. Will be interesting to see what the judge thinks this time next week……

Well, it's always gonna be "what if" to some extent, after all merger haven't closed yet so nothing is certain
 
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Yep. A normal court proceeding. Press the Xbox decision maker, defense attorney objects, the judge moves on.

Is this your first court case? There is absolutely nothing out of the ordinary here.
Judge could have also said, "Please answer the question". There was a reason why she said lets move on.
 
Judge could have also said, "Please answer the question". There was a reason why she said lets move on.
I believe she already had what she wanted out of that line of questioning and was ready to move on. People are making this out to be her reprimanding the FTC lawyer. That is not the case. Sometimes you just have to move things forward.
 
It's all just for show. I appreciate some of the confirmations and cringe statements but really, I would be beyond shocked if the judge hasn't already made up her mind on denying the injunction.
 
It's all just for show. I appreciate some of the confirmations and cringe statements but really, I would be beyond shocked if the judge hasn't already made up her mind on denying the injunction.
Her son probably told her if she approved the injunction he would be moving back home while he looked for another job. :messenger_winking: :messenger_winking_tongue:
 
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If MS gets ABK the second half of this generation will be the most important time in the history of PlayStation. I don't think Sony is ready.

It would be the best thing that could happen to Game, which has been Sony's cinderella since 1993.
vMXr8VU.jpg



Sony faves have always been Music and Pictures. They have never believed in Game.

Sony purchased CBS and Columbia Pictures for $5.4 billion in the late 1980s.

Sony bought Psygnosis for £20 million in 1993, a complete joke (Nintendo net income in 1993 : ¥88 billion)

Ken Kutaragi, the father of PlayStation, didn't become CEO until 1999

c86fP4x.jpg


DtXOREq.jpg



PS5 is about to enter its most profitable stage, after breaking PS2 records, while Sony is examining a partial spin-off of its financial business just three years after taking full control for $3.7 billion.

Tokyo will have the means and incentives to turn cinderella into queen.


Total equity: 6,061,970 (Yen in millions)
Long-term debt: 1,104,344 (Yen in millions)

MKwvo7t.jpg


qzu182l.jpg



I can't imagine a situation where you can be "ready" for a company worth $2.6 trillion deciding they are going to buy the entire industry just to crush you.

Sony can become "ready" by shopping themselves to Apple, Google, or Amazon. One of these companies would likely be willing to acquire them out of bankruptcy after MS has destroyed them.

229 > 8,000

Where is Starfield ??

5Dif64V.jpg




Never start a war against a conglomerate with a negative net debt, capable of creating synergies out of thin air.


wXheRob.jpg


b6gPlve.jpeg
 
It would be the best thing that could happen to Game, which has been Sony's cinderella since 1993.
vMXr8VU.jpg



Sony faves have always been Music and Pictures. They have never believed in Game.

Sony purchased CBS and Columbia Pictures for $5.4 billion in the late 1980s.

Sony bought Psygnosis for £20 million in 1993, a complete joke (Nintendo net income in 1993 : ¥88 billion)

Ken Kutaragi, the father of PlayStation, didn't become CEO until 1999

c86fP4x.jpg


DtXOREq.jpg



PS5 is about to enter its most profitable stage, after breaking PS2 records, while Sony is examining a partial spin-off of its financial business just three years after taking full control for $3.7 billion.

Tokyo will have the means and incentives to turn cinderella into queen.


Total equity: 6,061,970 (Yen in millions)
Long-term debt: 1,104,344 (Yen in millions)

MKwvo7t.jpg


qzu182l.jpg





229 > 8,000

Where is Starfield ??

5Dif64V.jpg




Never start a war against a conglomerate with a negative net debt, capable of creating synergies out of thin air.


wXheRob.jpg


b6gPlve.jpeg
This post represents a level of delusion that simply boggles the mind, but thanks for posting it..... it is very funny. ;)
 
It would be the best thing that could happen to Game, which has been Sony's cinderella since 1993.
vMXr8VU.jpg



Sony faves have always been Music and Pictures. They have never believed in Game.

Sony purchased CBS and Columbia Pictures for $5.4 billion in the late 1980s.

Sony bought Psygnosis for £20 million in 1993, a complete joke (Nintendo net income in 1993 : ¥88 billion)

Ken Kutaragi, the father of PlayStation, didn't become CEO until 1999

c86fP4x.jpg


DtXOREq.jpg



PS5 is about to enter its most profitable stage, after breaking PS2 records, while Sony is examining a partial spin-off of its financial business just three years after taking full control for $3.7 billion.

Tokyo will have the means and incentives to turn cinderella into queen.


Total equity: 6,061,970 (Yen in millions)
Long-term debt: 1,104,344 (Yen in millions)

MKwvo7t.jpg


qzu182l.jpg





229 > 8,000

Where is Starfield ??

5Dif64V.jpg




Never start a war against a conglomerate with a negative net debt, capable of creating synergies out of thin air.


wXheRob.jpg


b6gPlve.jpeg
Wtf did I just read ?
 
It would be the best thing that could happen to Game, which has been Sony's cinderella since 1993.
vMXr8VU.jpg



Sony faves have always been Music and Pictures. They have never believed in Game.

Sony purchased CBS and Columbia Pictures for $5.4 billion in the late 1980s.

Sony bought Psygnosis for £20 million in 1993, a complete joke (Nintendo net income in 1993 : ¥88 billion)

Ken Kutaragi, the father of PlayStation, didn't become CEO until 1999

c86fP4x.jpg


DtXOREq.jpg



PS5 is about to enter its most profitable stage, after breaking PS2 records, while Sony is examining a partial spin-off of its financial business just three years after taking full control for $3.7 billion.

Tokyo will have the means and incentives to turn cinderella into queen.


Total equity: 6,061,970 (Yen in millions)
Long-term debt: 1,104,344 (Yen in millions)

MKwvo7t.jpg


qzu182l.jpg





229 > 8,000

Where is Starfield ??

5Dif64V.jpg




Never start a war against a conglomerate with a negative net debt, capable of creating synergies out of thin air.


wXheRob.jpg


b6gPlve.jpeg
 
The thing that doesn't sit right with me about all this is that Phil says that Xbox is run as it's own profit/loss business within Microsoft, like PlayStation is within Sony.

Yet they are clearly leveraging other elements of Microsoft to grow and take shortcuts, namely Azure and tens of billion in cash created by windows and office.

So what he is saying isn't strictly true if you are always gonna be bailed out by daddy. Sony/Nintendo and others cannot compete with that.
 
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The thing that doesn't sit right with me about all this is that Phil says that Xbox is run as it's own profit/loss business within Microsoft, like PlayStation is within Sony.

Yet they are clearly leveraging other elements of Microsoft to grow and take shortcuts, namely Azure and tens of billion in cash created by windows and office.

So what he is saying isn't strictly true if you are always gonna be bailed out by daddy. Sony/Nintendo and others cannot compete with that.
Why do you think Nintendo got out of all this after the Cube, they knew exactly what Microsoft was going to do, and how much money they had to spend on it.
 
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Can somebody explain the latest on this. Obviously the trial is currently on in the US. However, the UK is still an issue with the CMA block? If the FCA lose, are Microsoft planning to close without the UK?
 
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Can somebody explain the latest on this. Obviously the trial is currently on in the US. However, the UK is still an issue with the CMA block? If the FCA lose, are Microsoft planning to close without the UK?
They can't close without CMA approval because the text of the acquisition deal demands the CMA approval. The only way to that is negotiating a new deal that doesn't require the CMA approval, but that would be stupid, because the CMA would still have authority over the deal since both MS and Activision operate in the UK, and that would lead to extreme fines in the UK and probable forced divesture.
 
Man looking at that Spencer quote about acquisitions. How insulting to the FTC lawyers, like they don't understand how acquisitions work? So condescending.
He was avoiding the question with some pedantic bullshit because he knew where it was going. He had spent his time earlier trying to paint the picture that xbox was some self contained small business within MS that always has to be profitable. So when the lawyer asked 'you're paying $70B all cash upfront, right?' he got angry and avoided the question by trying to go into semantics.
 
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Can somebody explain the latest on this. Obviously the trial is currently on in the US. However, the UK is still an issue with the CMA block? If the FCA lose, are Microsoft planning to close without the UK?
  • The CMA is still the biggest hurdle for MS/ABK.
  • Microsoft can't close without the CMA. The MS/ABK contract depends on the CMA's approval.
  • Now, MS and ABK can theoretically come up with another agreement that does not require the CMA's approval, but shareholders will have to sign-off on it before July 18, and there is not enough time. The chances of this happening is like 0.001%.
  • Instead, a better option for MS/ABK would be to have their shareholders sign to extend the contract's deadline from July 18 and pin their hopes for CAT to reverse the CMA's decision. This is more likely, but practically the chances of that happening is very low (i'd say less than 10%).
The deal is pretty much dead -- regardless of what happens with the FTC case.

If MS/ABK somehow renegotiates and extends the deadline, the possibility lives on for a while longer. Chances will still be on the lower side, but not as low as they are currently.
 
They can't close without CMA approval because the text of the acquisition deal demands the CMA approval. The only way to that is negotiating a new deal that doesn't require the CMA approval, but that would be stupid, because the CMA would still have authority over the deal since both MS and Activision operate in the UK, and that would lead to extreme fines in the UK and probable forced divesture.
yes but if the ftc does not obtain the preliminary injuction they can present themselves to the cat saying that the only ones to block is the cma, they would reinforce the idea that the block is irrational and the cma could retrace its steps. that the cma alone can continue to block and ask for a divestment is implausible if the ftc gets nothing.

the ftc hasn't done a great job at the moment, imho, they managed to get through the court the idea that ms, a trillion dollar company, is harassed by ps (which is worth as much as the activision they are buying) by making common market agreements . they could have managed their time with spencer much better, they had a lot of contradictory statements that they didn't even mention, probably so will nadella (who has already stated in the past that they weren't going to stop acquiring, the most problematic statement imho if not stop me 70 billion acti bliz you can't block anything).
 
yes but if the ftc does not obtain the preliminary injuction they can present themselves to the cat saying that the only ones to block is the cma, they would reinforce the idea that the block is irrational and the cma could retrace its steps. that the cma alone can continue to block and ask for a divestment is implausible if the ftc gets nothing.

the ftc hasn't done a great job at the moment, imho, they managed to get through the court the idea that ms, a trillion dollar company, is harassed by ps (which is worth as much as the activision they are buying) by making common market agreements . they could have managed their time with spencer much better, they had a lot of contradictory statements that they didn't even mention, probably so will nadella (who has already stated in the past that they weren't going to stop acquiring, the most problematic statement imho if not stop me 70 billion acti bliz you can't block anything).
Realistically, the chances of the CAT making a decision themselves is EXTREMELY low, it's much more likely that they will send it back to the CMA for reanalysis, and the result might even be to maintain the block for the same reasons.
You can't say the CMA was irrational when the EU and NZ reached the same conclusion but the EU accepted remedies (for the juicy fines later).
 
  • The CMA is still the biggest hurdle for MS/ABK.
  • Microsoft can't close without the CMA. The MS/ABK contract depends on the CMA's approval.
  • Now, MS and ABK can theoretically come up with another agreement that does not require the CMA's approval, but shareholders will have to sign-off on it before July 18, and there is not enough time. The chances of this happening is like 0.001%.
  • Instead, a better option for MS/ABK would be to have their shareholders sign to extend the contract's deadline from July 18 and pin their hopes for CAT to reverse the CMA's decision. This is more likely, but practically the chances of that happening is very low (i'd say less than 10%).
The deal is pretty much dead -- regardless of what happens with the FTC case.

If MS/ABK somehow renegotiates and extends the deadline, the possibility lives on for a while longer. Chances will still be on the lower side, but not as low as they are currently.
A lot can happen, and I still think this goes through at some point, with some caveat's of course.
 
Realistically, the chances of the CAT making a decision themselves is EXTREMELY low, it's much more likely that they will send it back to the CMA for reanalysis, and the result might even be to maintain the block for the same reasons.
You can't say the CMA was irrational when the EU and NZ reached the same conclusion but the EU accepted remedies (for the juicy fines later).
from what I understood the cat cannot choose but only try to direct the cma, whether or not the cma adapts we cannot know but it seems unlikely that they fully adapt to the cat. however it seems even more difficult to think that they will be able to totally prevent the deal if the arguments of the ftc are these and if the ftc does not obtain a preliminary injunction (and if ftcs lawyers continues like this it won't be anywhere close imho). any player informed on the market would have been able to do better lol.
 
from what I understood the cat cannot choose but only try to direct the cma, whether or not the cma adapts we cannot know but it seems unlikely that they fully adapt to the cat. however it seems even more difficult to think that they will be able to totally prevent the deal if the arguments of the ftc are these and if the ftc does not obtain a preliminary injunction (and if ftcs lawyers continues like this it won't be anywhere close imho). any player informed on the market would have been able to do better lol.
The FTC is suing over console foreclosure, the CMA blocked over cloud concerns. The results of the FTC injunction shouldn't have much impact to the CAT appeal.
 
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