This is the question… are they? And if not, how do they diplomatically say thanks but we're out to MS now.
Spicy….
This is more problematic I think. I imagine if MS would increase the offer ATVI shareholders may be keen to continue, but that would require a new round of voting and they'd still be prohibited by the UK from doing the acquisition and of course maybe still at risk in the USA.
Tricky to negotiate under those conditions. MS would have to offer an inflated price to offset the risk it never happens, and ATVI's business stagnates while waiting.
This is the thing about ATVI terminating the deal next Wednesday.
MS cannot afford to get pissy about it - ATVI are still the biggest 3P publisher. MS can't make an enemy of them - they have to pay the $3bn and smile when they do it.
But those MS internal mails we saw - they sure don't seem like the kind of personalities to know how to play this game. I think there's a good chance MS meltdown and it gets ugly between them and ATVI.