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

Do you believe the deal will be approved?

  • Yes, will be approved without changes.

    Votes: 221 24.9%

  • Yes, will be approved but with structural changes to ABK.

    Votes: 102 11.5%

  • Yes, will be approved but only with behavioral concessions.

    Votes: 262 29.6%

  • No, will not be approved.

    Votes: 301 34.0%
  • Total voters
    886
  • Poll closed .
Status
Not open for further replies.
Dog Shopping GIF
 
Pelta88 said:
By far the saddest sycophancy tweet in gaming history. There is simply no way a child decided to draw a picture of any CEO. None whatsoever.

That shit made my stomach turn.
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Is this the same guy that was stalking Phil, while hiding in the bushes?
 
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RickMasters said:
No….. but apple is. Then there is this whole thing where Japanese government stops foreign companies from buying Japanese companies.
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I'm sure you just got home from work or you just woke up. No matter, this was two pages ago. Its all good...
 
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RickMasters said:
If the deal does not go through things will go back to 'normal' I guess.


If it does though…..







Black And White Illustration GIF by Okkult Motion Pictures
atomic bomb explosion GIF
nuclear explosion bomb GIF
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No, probably screwed either way. If the deal fails, MS will probably be looking for developers to fill the void. Everyone here believes gaming will continue like normal after this trial so, everything should be a okey.
 
RickMasters said:
If the deal does not go through things will go back to 'normal' I guess.


If it does though…..







Black And White Illustration GIF by Okkult Motion Pictures
atomic bomb explosion GIF
nuclear explosion bomb GIF
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Opposite IMO.
People will overreact saying Xbox's last chance, going to be shutdown etc. Similar convo as to when it was first blocked by the CMA by all the diehards, possibly even to a greater degree since it would have to sink in that it's not happening, where as right now they're holding onto a slither of hope.
 
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wolffy66 said:
That site and this bring balance to the universe.
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It's like only a few of us can see this. Resetera= GAF, from what I can see. It's a bit like them American news stations and their political allegiances. Claiming to be neutral while calling the other guys extremists basically.


It will be tears over their if the deal falls through.



It will be tears over here when the deal goes through.



I think the meltdowns will be more fun on here though……it's always more fun watching people who claim to be ' the sensible crowd' crack.
 
Wulfer said:
No, probably screwed either way. If the deal fails, MS will probably be looking for developers to fill the void. Everyone here believes gaming will continue like normal after this trial so, everything should be a okey.
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I mean for sure they will still be looking at acquisitions. I think those acquisitions wil sting people more because they may buy devs people care about. Nobody here loves ABK, like that. A dev like, rockstar would hurt though. Then again they had a lot of names on that list….. so for sure the acquisitions era ain't over. Maybe it's just getting started.
 
Wulfer said:
I'm sure you just got home from work or you just woke up. No matter, this was two pages ago. Its all good...
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yeah just getting up to speed on the thread. since this morning. no new news to chew into it seems. lots of interesting, reply worthy, commentary tho!
 
DeepEnigma said:
Nah. Most will shrug and move on to the next topics.
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Notice the playbook adjustment. Heisenberg007 Heisenberg007 ruffled some socks.

www.neogaf.com

Ctrl+Alt+Deceive: All The Dirt, Info, Lies, and LOLs We Found During FTC vs. Microsoft

Here are all the dirt, information, lies, and LOLs we found during the FTC hearing case. Notes: That was a lot of work; I'd appreciate your support. Please keep it civil. This thread is very important because I wanted to compile all the information in one place for posterity and preservation...
www.neogaf.com www.neogaf.com
 
Looking at the legal standards for granting a preliminary injunction, I find it hard to believe the judge won't grant it because the threshold is relatively low and tips in the FTC's favor. See a 2021 District Court memo for a merger case which discusses the legal standards for granting PI, particularly pages 10-11. Apologies if this has already been referenced as an example.


I. Legal Standards Section 7 of the Clayton Act forbids mergers where "the effect . . . may be substantially to lessen competition, or to tend to create a monopoly" in "any line of commerce or in any activity affecting commerce in any section of the country." 15 U.S.C. § 18. "Congress used the words 'may be substantially to lessen competition' . . . to indicate that its concern was with probabilities, not certainties." Hershey, 838 F.3d at 337 (quoting Brown Shoe Co. v. United States, 370 U.S. 294, 323 (1962)). A "certainty, even a high probability, need not be shown," and any "doubts are to be resolved against the transaction." Hershey, 838 F.3d at 337.
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A. Preliminary Injunction Standard If the FTC has reason to believe that a merger will violate Section 7, it may seek a preliminary injunction in federal district court pending a full trial in the FTC's administrative tribunal. 15 U.S.C. § 53(b). Section 13(b) authorizes a district court to issue a preliminary injunction "pon a proper showing that, weighing the equities and considering the Commission's likelihood of ultimate success, such action would be in the public interest." Hershey, 838 F.3d at 349. To show a likelihood of success on the merits, "the government need only show that there is a reasonable probability that the challenged transaction will substantially impair competition."
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Even without the Matt Booty "Spend Sony out of Business" e-mail, only a fanatic would suggest that there isn't a decent (not high) probability competition will be lessened; that lessened competition could even come in the form of Xbox investing less resources into first party games because the pressure of landing third party deals is significantly reduced with Activision under their ownership.

I've seen alot of people on twitter (though not so much here, thankfully) equate a potential PI grant to the courts formally blocking the deal, which of course isn't true. The PI of course just places a hold on the merger and allows the FTC to subsequently make their case in court. Yes, a PI grant will effectively dead the deal because Activision (or was it Microsoft?) said they would more than likely abandon the deal. But that is Activision/Microsoft choice, and would/should have no impact on the judge's timing and/or ultimate ruling.
 
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ChiefDada said:
Looking at the legal standards for granting a preliminary injunction, I find it hard to believe the judge won't grant it because the threshold is relatively low and tips in the FTC's favor. See a 2021 District Court memo for a merger case which discusses the legal standards for granting PI, particularly pages 10-11. Apologies if this has already been referenced as an example.







Even without the Matt Booty "Spend Sony out of Business" e-mail, only a fanatic would suggest that there isn't a decent (not high) probability competition will be lessened; that lessened competition could even come in the form of Xbox investing less resources into first party games because the pressure of landing third party deals is significantly reduced with Activision under their ownership.

I've seen alot of people on twitter (though not so much here, thankfully) equate a potential PI grant to the courts formally blocking the deal, which of course isn't true. The PI of course just places a hold on the merger and allows the FTC to subsequently make their case in court. Yes, a PI grant will effectively dead the deal because Activision (or was it Microsoft?) said they would more than likely abandon the deal. But that is Activision/Microsoft choice, and would/should have no impact on the judge's timing and/or ultimate ruling.
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It's true that a P.I wouldn't stop the deal from happening. Microsoft could choose to fight the FTC and if they win they can buy ABK. Same with a successful appeal process.

It certainly is possible for them to continue fighting for ABK. But the real question is do they really want to. Especially ABK since I don't believe they want to extend unless Microsoft offers something big in return.
 
DForce said:
Yeah, it gets worse. A fan made this and Aaron Greenberg shared it.
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Seeing the last few pages of this thread made me realize that I dont think there are many people in the industry that I'd consider as cool.

They're all either too weird with a tinge of 'tism or too business and boring.
 
ChorizoPicozo said:
Cenry actually delivers.
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<knack_goat.gif>

ChiefDada said:
Looking at the legal standards for granting a preliminary injunction, I find it hard to believe the judge won't grant it because the threshold is relatively low and tips in the FTC's favor. See a 2021 District Court memo for a merger case which discusses the legal standards for granting PI, particularly pages 10-11. Apologies if this has already been referenced as an example.







Even without the Matt Booty "Spend Sony out of Business" e-mail, only a fanatic would suggest that there isn't a decent (not high) probability competition will be lessened; that lessened competition could even come in the form of Xbox investing less resources into first party games because the pressure of landing third party deals is significantly reduced with Activision under their ownership.

I've seen alot of people on twitter (though not so much here, thankfully) equate a potential PI grant to the courts formally blocking the deal, which of course isn't true. The PI of course just places a hold on the merger and allows the FTC to subsequently make their case in court. Yes, a PI grant will effectively dead the deal because Activision (or was it Microsoft?) said they would more than likely abandon the deal. But that is Activision/Microsoft choice, and would/should have no impact on the judge's timing and/or ultimate ruling.
Click to expand...

Just to add, this PI was granted, and the PI order came one month after the findings of fact and conclusions of law were submitted for that case (due today - July 7 - for MS vs FTC).
 
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ChiefDada said:
Looking at the legal standards for granting a preliminary injunction, I find it hard to believe the judge won't grant it because the threshold is relatively low and tips in the FTC's favor. See a 2021 District Court memo for a merger case which discusses the legal standards for granting PI, particularly pages 10-11. Apologies if this has already been referenced as an example.







Even without the Matt Booty "Spend Sony out of Business" e-mail, only a fanatic would suggest that there isn't a decent (not high) probability competition will be lessened; that lessened competition could even come in the form of Xbox investing less resources into first party games because the pressure of landing third party deals is significantly reduced with Activision under their ownership.

I've seen alot of people on twitter (though not so much here, thankfully) equate a potential PI grant to the courts formally blocking the deal, which of course isn't true. The PI of course just places a hold on the merger and allows the FTC to subsequently make their case in court. Yes, a PI grant will effectively dead the deal because Activision (or was it Microsoft?) said they would more than likely abandon the deal. But that is Activision/Microsoft choice, and would/should have no impact on the judge's timing and/or ultimate ruling.
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Exactly. This is the reason why I think the FTC will (should, at least) get the PI.

As the FTC said in the concluding arguments that there are enough questions and doubts that need to be answered first. And questions and doubts are enough to get a PI.
  • Matt Booty's email about "spending Sony out of business."
  • Microsoft changing the Zenimax's financial analysis model and making all their games exclusive, even when Zenimax leaders didn't want it.
  • Microsoft doing a financial analysis regarding the impact of making all ABK games exclusive.
  • The CMA blocking the acquisition, and Canada raising concerns as well.
There are more than enough reasons to at least look more into it. And that's only possible after a PI.

If the judge doesn't grant the PI, she is essentially saying that there is not even a need to investigate it further -- which goes against the evidence.
 
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Just to throw another morsel on the bbq, the last couple of days has seen various parties ask for documents to be redacted / sealed.

This is an excerpt from the NOA request.

8f7wuzZ.jpg



That was submitted just yesterday and no decision from the court has been received about whether to seal it or not.

Evidently the FTC believes whatever was agreed with Nintendo supports their case. Either it's MS ability to back track on the offer, or that it makes clear COD on Nintendo hardware won't be the equivalent of COD on Xsex & PS5 and so not a comparable consumer option.

Another note - the FTC has submitted several of these additional documents this week. MS agreed to let their's be submitted unredacted probably to avoid burning up more time of the court going through these decisions.

This is one place to look and see what documents the court is working with - not many of these are directly available right now, so we only see descriptions of what the documents may contain and the request about them.

https://www.courtlistener.com/docke...d_before=&entry_gte=&entry_lte=&order_by=desc
 
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RickMasters said:
It's like only a few of us can see this. Resetera= GAF, from what I can see. It's a bit like them American news stations and their political allegiances. Claiming to be neutral while calling the other guys extremists basically.


It will be tears over their if the deal falls through.



It will be tears over here when the deal goes through.



I think the meltdowns will be more fun on here though……it's always more fun watching people who claim to be ' the sensible crowd' crack.
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Still waiting for the meltdowns promised when the CMA dropped the console SLC and everyone and their mother tought the deal would go trough... but until now we could only see xbox crazy fanboys been banned, xbox fans running from the thread to reeee and never coming back, and an infinity amount of xbox fan alternatives accounts been burned ...

Maybe this time the promised meltdowns will happen...
 
RickMasters said:
It's like only a few of us can see this. Resetera= GAF, from what I can see. It's a bit like them American news stations and their political allegiances. Claiming to be neutral while calling the other guys extremists basically.


It will be tears over their if the deal falls through.



It will be tears over here when the deal goes through.



I think the meltdowns will be more fun on here though……it's always more fun watching people who claim to be ' the sensible crowd' crack.
Click to expand...
You forget that SeXboX has such developed characters such as Phil Spender, Matt Frooty in the Booty, Senjutsu, Floorian and Colt Softwood are waiting. Like the cheers theme
 
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