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

Do you believe the deal will be approved?


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bobby will ruin this merger?

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Honestly, they should just wait for the next thing Nintendo comes out with. I mean you could very well possibly be controlling your character with your feet given Nintendo's tendency to mix up the peripherals, but hey at least it'll likely be more graphically capable.
he stated that activision is considering doing so, he can't answer now because he doesn't know the specs of the next nintendo console
 
what I posted is just now, are statements of kotick. activision doesn't need microsoft or the deal to bring cod to switch or the next nintendo console. he said they were wrong in underestimating the console



Would Activision make Call of Duty available for the Switch without this merger? "We don't have any plans to do so."
 
Kotick just basically told the judge that all the consumer benefits (Cloud Licensing, Nintendo COD, and Gamepass inclusion) of this merger can theoretically happen without it.

Big win for the FTC imho.
 
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Deering could disagree with Ryan and it still wouldn't matter.

If he had disagreed, I don't think there would have been a conversation. It's actually the content of the conversation where JIm is a part that is relevant.
But it needs to be said that this was Ryan's initial opinion on the matter which changed drastically after Phil Spencer sent him an offer pledging COD to PS three years after the end of the current agreement. Jim and Phil eventually reached an impasse.
With Jim Ryan's subsequent list of requests it was clear that they were going to reach a dead end. In fact, it's what Jim Ryan was looking for at that point.
 
Kotick just basically told the judge that all the consumer benefits (Cloud Licensing, Nintendo COD, and Gamepass inclusion) of this merger can theoretically happen without it.

Big win for the FTC imho.

Can theoretically happen without it, but there are no plans to do so... but if the merger goes through then yes all of this will happen under Microsoft...
 
explain the quote
Huh?

FTC: "So why would you sell if you disagree with MS strategy?"

Kotick: "It is literally my fiduciary duty to shareholders to sell if the price is right."

A CEO turning down a ridiculously high offer for their company would literally get sued lol

TLDR: FTC: "Why?" Bobby: $$$
 
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That's a schedule vs technical capability issue. The FTC's angle is retarded.
Not if games like CoD, Diablo mobile, and others are outsourced.
I think you're forgetting about the "K". King has expertise in mobile. COD being made by Tencent doesn't really mean anything. Tencent has a proven record translating popular shooters into the mobile format. i.e. PUBG Mobile. Apex Mobile.
The problem is that Phil was using COD mobile, yet a lot of their games are outsourced.
 
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If he had disagreed, I don't think there would have been a conversation. It's actually the content of the conversation where JIm is a part that is relevant.

With Jim Ryan's subsequent list of requests it was clear that they were going to reach a dead end. In fact, it's what Jim Ryan was looking for at that point.

Very well may be true. Which also shows us that Jim Ryan's attitude about the deal at that point wasn't at all the same as it was in January.
 
Can theoretically happen without it, but there are no plans to do so... but if the merger goes through then yes all of this will happen under Microsoft...
Exactly, I do not think it is an advance when it comes to proving that the acquisition will prove harm to the consumer but rather the opposite ... And we must remember again, the obligation of the FTC is to prove that if MS acquires ABK there will be irreparable damage, not that if everything is given it will be the same or even improved.
 
Kotick just basically told the judge that all the consumer benefits (Cloud Licensing, Nintendo COD, and Gamepass inclusion) of this merger can theoretically happen without it.

Big win for the FTC imho.
Can you explain why?

I don't think anybody thought ABK couldn't do this without the deal. This deal is fundamentally different from Microsoft's "adopt a dev" method of operation for previous, much smaller acquisitions. This is a power play and expansionist. ABK is doing more than fine on it's own, obviously.
 
Not if games like CoD, Diablo mobile, and others are outsourced.

The problem is that Phil was using COD mobile, yet a lot of their games are outsourced.
They also use external contractors for the main games. Hiring external talent is normal and has been normal since the first ports to another platform 40 years ago.
 
Can theoretically happen without it, but there are no plans to do so... but if the merger goes through then yes all of this will happen under Microsoft...
Plans change, what was supposedly an impossible offer last year can be actually offered this year.

All 3 benefits I mentioned earlier aren't things that cannot happen without Microsoft owning Activision. They can theoretically start happen tonight if the parties that be decide to do it.

(Example: I just saw my club, Arsenal, make a +£100m offer for a player, something that was unthinkable a year ago).
 
The IP alone doesn't guarantee success. There's a reason why Sony brought in Bungie to assist with their GaaS titles.
That is true, but it does not negate what was said earlier.

If IP value is good for the success of the game, and so is the talent behind it (Tencent), then why don't they get something that combines both (CoD mobile)?
 
Can you explain why?

I don't think anybody thought ABK couldn't do this without the deal. This deal is fundamentally different from Microsoft's "adopt a dev" method of operation for previous, much smaller acquisitions. This is a power play and expansionist. ABK is doing more than fine on it's own, obviously.
I personally never believed that this merger (and any merger really) has any particular benefit for us consumers that we cannot get without it.

Activision could agree a multi billion deal with Microsoft to put their titles on Gamepass today if Phil wants to offer it.

They can negotiate on their own with Nvidia Boosteroid etc to allow those titles to be streamed.

They can sit with Nintendo right now and strike a deal for a new COD on Switch 2.

There was literally zero reason we as consumers wouldn't get these things except for the wills of the big wig executives that are driving and supporting this merger.
 
Very well may be true. Which also shows us that Jim Ryan's attitude about the deal at that point wasn't at all the same as it was in January.
But not because he feared that the acquisition would cause PS irreparable harm, but because he knew that by positioning himself against and lobbying with regulators he had a chance of having the acquisition blocked.

"I don't want to reach any agreement, I just want the acquisition to be blocked."

I think that's the line MS wants to argue...
 
30(b)(6) is a procedural rule for identifying who will testify on behalf of a legal entity such as a corporation. In now way, shape or form does it convert statements of future intent into legally binding obligations for the legal entity. If the person giving testimony outright lies about future intent the person and legal entity has liability for perjury, fraud (subject to litigation privilege), etc. But liability for a lie does not create a contract.

Phil's testimony does not lock MS into legally binding deals to keep COD multiplatform. Full stop.

How could anybody believe otherwise?

If it happens Phil Spencer will have to pay like… 10k …. And two days of community service or some shit.

Unbelievable that the Judge went along with this false, whole joint is a parody, like something out of a satire.
 
I personally never believed that this merger (and any merger really) has any particular benefit for us consumers that we cannot get without it.

Activision could agree a multi billion deal with Microsoft to put their titles on Gamepass today if Phil wants to offer it.

They can negotiate on their own with Nvidia Boosteroid etc to allow those titles to be streamed.

They can sit with Nintendo right now and strike a deal for a new COD on Switch 2.

There was literally zero reason we as consumers wouldn't get these things except for the wills of the big wig executives that are driving and supporting this merger.
Hmmmm, you got a point there.

So basically it ruins the narrative that the deal is, at it's core, for the gamer's benefit.

So there is a kind of tug-of-war happening between Kotick doing it for the shareholders and trying to spin it with Microsoft's narrative.

Interesting take. I agree.
 
Unbelievable that the Judge went along with this false, whole joint is a parody, like something out of a satire.
I'm not convinced she did. Just because a judge moves on from a point it does not mean she disagreed with it. They don't like wasting their time on things to beat dead horses.

But if she believes Phil is being honest about his future intent, it could absolutely factor into a partial basis to deny an injunction. His ability to change his mind does not mean she has to believe he will in the immediately future.
 
But I'm still really confused as to why this CMA decision seemingly means nothing. MS would probably lose big money if they had to divest because of CMA, but they don't seem to care a smidgen about that decision. I'm on the fence between: MS has gotten so big they can laugh at the thought of ceasing operations in the UK, and we've been duped about how much the CMA decision means in substantive or practical terms.

They would never cease operations in the UK, I think that's a total non-starter.

I don't think they are shrugging off the CMA at all, but they may know something we don't know. I think this deal should be blocked but none of these regulators are actually making great legal cases as to why. The FTC is flailing, and the CMA had to drop their main argument against the deal because they completely fucked up their math. They were left with using the wet-fart that is cloud gaming as their only argument against the deal.

For all we know MS has already lobbied behind the scenes and knows the CAT is going to slap the CMA down, much like the CAT did earlier this year with some things happening in the auto industry.

The CMA had a strong history of not being over-ruled by the CAT but that doesn't mean things can't change.

But I still think the CMA is going to persist on this case.. they seemed real dead set against the deal, and MS didn't make any friends during the case that's for sure. The human aspect of these decisions is just as important as the legal arguments, when you have as much power as the CMA does.

MS is acting a bit arrogant now, but they did the same thing during the CMA process and look at how that turned out.
 
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But not because he feared that the acquisition would cause PS irreparable harm, but because he knew that by positioning himself against and lobbying with regulators he had a chance of having the acquisition blocked.

"I don't want to reach any agreement, I just want the acquisition to be blocked."

I think that's the line MS wants to argue...

No idea what his motivation really was. Just going by his words. But yeah, I can see why MS wants to push that narrative.
 
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Talking about NG switch... i had a feeling when MS committed to bringing COD to switch they were talking about NG. Maybe a streaming version on OG switch?
 
Phil said they acquired ABK because they need their expertise in the mobile division. Now the FTC is showing how this cannot be true since Tencent and other developers are the ones who actually developed games for them.
You like many others misreading.
Phil has said plenty of times during email released and interviews how mobile is the way forward and ABK is PART of that for them to get into the mobile market. It doesn't matter WHICH are developing the games. How is that hard to understand? lol.
 
Yes, he basically questioned Spencer on how he could guarantee on oath that CoD would be on Playstation when it is subject to mutual agreement with Sony. He was basically getting at the kind of questions I was raising, however the judge stopped that line of enquiry as I think she was worried it was going slightly off topic (the point had been made). Obviously some people interpreted this as "the FTC getting shot down by the judge" :messenger_grinning_smiling:
It was the MS lawyer who interjected to stop him and not judge Corley. Recent email shows probable reason why, they want to make whatever they legally can exclusive and they wanted to save him from committing to anything else.
Jim: Make every single game available and if it's day 1 on Gamepass it needs to be day 1 on PS+.

What he's asking for is that MS basically not put things on Gamepass, because day 1 on PS+ would never happen as MS would charge something enormous and Sony wouldn't agree to it.

Jim playing hardball.. really it's just "We will never agree to this acquisition or make any deal with you" because he's clearly asking far too much.
He should have ended with "this is about mobile for MS so this shouldn't be a problem to your goals, when everyone plays we all win - with love Jim"
 
I personally never believed that this merger (and any merger really) has any particular benefit for us consumers that we cannot get without it.

Activision could agree a multi billion deal with Microsoft to put their titles on Gamepass today if Phil wants to offer it.

They can negotiate on their own with Nvidia Boosteroid etc to allow those titles to be streamed.

They can sit with Nintendo right now and strike a deal for a new COD on Switch 2.

There was literally zero reason we as consumers wouldn't get these things except for the wills of the big wig executives that are driving and supporting this merger.
MS doesn't want to do these things - there is no way that Activision was going to do them out of the kindness of their hearts.
 
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