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[poppabk]

"Most appeals are final. The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case. In some cases the decision may be reviewed en banc, that is, by a larger group of judges (usually all) of the court of appeals for the circuit."

Appeals

The Process Although some cases are decided based on written briefs alone, many cases are selected for an "oral argument" before the court. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in...

www.uscourts.gov

Would be absolutely fucking HILARIOUS is this went to the us supreme court lmao

The current Supreme Court would eviscerate the FTC. The FTC would be lucky to leave still existing.

 

[splattered]

Not sure if this has been posted but just saw on my FB feed (Apologies if the site isn't allowed for whatever reason?) https://www.dexerto.com/overwatch/o...6_P2TfetYLnOpf-uZjq_JLQGGlPWRufeb5YF_8j39n6Ak

*Overwatch team celebrating Microsoft buying Activision by releasing a Soldier 76 Halo skin

 

[kvltus lvlzvs]

The current Supreme Court would eviscerate the FTC. The FTC would be lucky to leave still existing.

If the FTC going to the USSC ended with the FTC being nuked, that would probably lead to plenty of other federal agencies being nuked as well.

I would be ecstatic.

 

[Ogbert]

The problem with this statement is that they're not renegotiating.

They've publicly reiterated that their decision still stands. Microsoft has submitted a new proposal and asked for the CAT appeal process to be paused. Fanboys have turned that Microsoft request into "The CMA has to renegotiate." Like they give a fuck about events beyond their own sovereign borders.

Sure. Fanboys say silly stuff.

If it helps, rather than 'renegotiate', we can use the longer description of 'CMA has agreed with MS to pause the judicial process and allow MS to present a restructured version of the deal, to be reviewed and considered by the CMA as it relates to reaching a position that satisfies competition concerns as well as public interest'.

 

[DeepEnigma]

FTC isn't out of the way and are still blocking the deal. The previous case was about a preliminary injunction which it looks like CMA have just created their own version of.

 

[wolffy66]

They're aren't.

But prey tell, are you suggesting political world stage pressure? Sounds just as nuclear.

They've been the lone wolf in many M&As.

I would expect politicians to want to avoid any disruptions or hard feelings. Those aren't great for business. And like it or not the UK govt does business with MS. They aren't gonna let a situation over a video game to get outrageous. I would imagine them being instructed to get the concessions you want and move along. I know the CMA is supposedly independent but people do value careers so political pressure is a real thing.

On MSs part I'm sure they know there's gonna be some initial fines and some pain to satisfy the CMA. But I think they are able and willing to suffer it. It's just my opinion obviously but I'd be surprised if it doesn't go something like that. MS is just too far along and committed at this point to walk away.

 

[Ginzeen]

FTC were trying to stall with the injunction. CMA successfully stalled it.

Nope. It's all worked out until proven otherwise. No Cat needed.

 

[DeepEnigma]

And that's exactly what MS will argue.

Why are you assuming that's what the CMA has asked for and not the remedy MS just recently proposed and were rejected on?

The CMA has their remedies and divestments laid out in their final decision.

 

[Mr Moose]

Not sure if this has been posted but just saw on my FB feed (Apologies if the site isn't allowed for whatever reason?) https://www.dexerto.com/overwatch/o...6_P2TfetYLnOpf-uZjq_JLQGGlPWRufeb5YF_8j39n6Ak

*Overwatch team celebrating Microsoft buying Activision by releasing a Soldier 76 Halo skin

It's not clear when, or even if, Halo skins actually end up making their way to Overwatch, but hopefully, it can become a reality once the takeover is completed in 2023.

Whether Overwatch 2 is released by then still remains to be seen

4:35 PM · Jan 18, 2022

 

[bitbydeath]

Nope. It's all worked out until proven otherwise. No Cat needed.

No early close either.

 

[wolffy66]

Presumably this new dialogue with the CMA will take longer than the deadline for the merger to close, so on the 18th we'll hear about an extension or something?

I'd expect the cma to look the other way while MS closes, then work with MS on what needs to be done in the meantime. It's the most logical thing. Unless the CMA is just gonna act like fanboys and say no, no matter what, you can't buy Activision. But I don't see that. They want actual solutions.

 

[Ogbert]

Why are you assuming that's what the CMA has asked for and not the remedy MS just recently proposed and were rejected on?

The CMA has their remedies and divestments laid out in their final decision.

I don't think MS' opening gambit will have been to relinquish Activision games from their cloud service.

 

[IntentionalPun]

The problem with this statement is that they're not renegotiating.

They are agreeing to hear the re-structured offer.

They didn't have to do this.. but calling that a "renegotiation" is fair.

I still think there's a high chance they tell MS to kick rocks though.

 

[Bernardougf]

Nope. It's all worked out until proven otherwise. No Cat needed.

 

[DeepEnigma]

I don't think MS' opening gambit will have been to relinquish Activision games from their cloud service.

Once again, the CMA has their remedies and divestments laid out in their final decision.

 

[IntentionalPun]

Why are you assuming that's what the CMA has asked for and not the remedy MS just recently proposed and were rejected on?

The CMA has their remedies and divestments laid out in their final decision.

What remedy was MS rejected on?

They didn't submit anything to the CMA yet.. MS has a re-structured offer they think will work, but that hasn't been given to the CMA yet.

 

[Hayabusabruh]

And if they pass this they'll be a new acronym in the way. 'It won against the CMA but was rejected by PAWG' oh for fucks sake!

 

[DeepEnigma]

What remedy was MS rejected on?

They didn't submit anything to the CMA yet.. MS has a re-structured offer they think will work, but that hasn't been given to the CMA yet.

 

[Ogbert]

Once again, the CMA has their remedies and divestments laid out in their final decision.

I know.

And something substantive has changed suggesting a 'restructure' of the deal which CMA will consider.

So what do you think it is then?

 

[IntentionalPun]

"Not yet agreed"

Also not yet rejected.

 

[Ginzeen]

No early close either.

We shall see. I'm very confident this deal is done.

 

[Mr Moose]

Who let Sage back in here.

 

[bitbydeath]

So Microsoft approached the CMA, I thought the verge was saying the CMA approached Microsoft?

 

[onnextflix5]

Wonder if ms will just tell cma to fuck off, and close anyways, and deal with any ramifications later down the road.

 

[DeepEnigma]

"Not yet agreed"

Also not yet rejected.

And then the CMA released this statement.

"Whilst merging parties don't have the opportunity to put forward new remedies once a final report has been issued, they can choose to restructure a deal, which can lead to a new merger investigation," a spokesperson said.

"Microsoft and Activision have indicated that they are considering how the transaction might be modified, and the CMA is prepared to engage with them on this basis. These discussions remain at an early stage and the nature and timing of next steps will be determined in due course.

"While both parties have requested a pause in Microsoft's appeal to allow these discussions to take place, the CMA decision set out in its final report still stands."

They are now in the restructure the deal phase. New remedy would not be accepted.

CMA Warns Microsoft's Activision Blizzard Renegotiation Would Require Whole New Investigation - IGN

A new statement from the CMA warns Microsoft that a new proposal could result in the regulator launching "a new merger investigation".

www.ign.com

We now wait from now to this Tuesday.

I know.

And something substantive has changed suggesting a 'restructure' of the deal which CMA will consider.

So what do you think it is then?

I have no clue what it is. But it's wasted energy on that made up narrative that has no source.

 

[bitbydeath]

We shall see. I'm very confident this deal is done.

Divesting Activision?

 

[kvltus lvlzvs]

Not sure if this has been posted but just saw on my FB feed (Apologies if the site isn't allowed for whatever reason?) https://www.dexerto.com/overwatch/o...6_P2TfetYLnOpf-uZjq_JLQGGlPWRufeb5YF_8j39n6Ak

*Overwatch team celebrating Microsoft buying Activision by releasing a Soldier 76 Halo skin

it would be really funny if the deal didnt go through and then Microsoft sued actiblizz for copyright infringement

 

[FUBARx89]

4:35 PM · Jan 18, 2022

Fuck is that. Is it MC or Optimus Prime transformed with a human head?

No wonder 343i said it was good, cause it's absolutely shite.

Anyway. Since I'm caught up, we knew the FTC was gonna fail, to see CMA immediately agree to hear MS out wasn't what I expected.

Should be an intresting few days at the very least.

 

[IntentionalPun]

And then the CMA released this statement.

They are now in the restructure the deal phase. New remedy would not be accepted.

CMA Warns Microsoft's Activision Blizzard Renegotiation Would Require Whole New Investigation - IGN

A new statement from the CMA warns Microsoft that a new proposal could result in the regulator launching "a new merger investigation".

www.ign.com

We now wait from now to this Tuesday.

And?

CNBC reported MS has a re-structured deal they believe the CMA will accept.

It was then mis-printed that it was already accepted.

It was not rejected, as the CMA hasn't heard it yet lol You seemed to have thought it was.

Why are you quoting back to me the facts when you are the one who had it wrong?

 

[LordCBH]

If the FTC going to the USSC ended with the FTC being nuked, that would probably lead to plenty of other federal agencies being nuked as well.

I would be ecstatic.

This is acceptable.

 

[Pelta88]

Or nothing happens.

Yeah umm...

That's not how contractual obligations work. There's an 3 Billion dollar fee and a renegotiation that needs to happen on that specific date.

 

[DeepEnigma]

And?

CNBC reported MS has a re-structured deal they believe the CMA will accept.

It was then mis-printed that it was already accepted.

It was not rejected, as the CMA hasn't heard it yet lol You seemed to have thought it was.

Why are you quoting back to me the facts when you are the one who had it wrong?

They submitted a remedy that was rejected. (due to the decision being final)

They were told they needed to restructure a new deal and submit that, that their (the CMA's) previous decision still stands.

They both agreed to pause the CAT litigation to give each other time. Effectively as bitbydeath has suggested, the CMA now as their own Preliminary Injection blocking them to close for what could be up to 3 months, while having to resubmit to other regulatory bodies as well.

This is all contingent on the 18th if Acti agrees with an extension.

 

[Mr Moose]

And?

CNBC reported MS has a re-structured deal they believe the CMA will accept.

It was then mis-printed that it was already accepted.

It was not rejected, as the CMA hasn't heard it yet lol You seemed to have thought it was.

Why are you quoting back to me the facts when you are the one who had it wrong?

"Whilst merging parties don't have the opportunity to put forward new remedies once a final report has been issued, they can choose to restructure a deal, which can lead to a new merger investigation,"

If they restructure a new deal, they start from the scratch.

 

[Ogbert]

I have no clue what it is. But it's wasted energy on that made up narrative that has no source.

Don't engage then.

 

[IntentionalPun]

They sumbitted a remember that was rejected.

When? Where?

I really don't think you are following dude.

Nothing was submitted, nothing was rejected.

Moving on

 

[DeepEnigma]

 

[Mr Moose]

When? Where?

I really don't think you are following dude.

Nothing was submitted, nothing was rejected.

Moving on

"Correction: Microsoft offered a small divestiture to the CMA to address the regulator's concerns."

 

[The Pleasure]

Fuck is that. Is it MC or Optimus Prime transformed with a human head?

No wonder 343i said it was good, cause it's absolutely shite.

Anyway. Since I'm caught up, we knew the FTC was gonna fail, to see CMA immediately agree to hear MS out wasn't what I expected.

Should be an intresting few days at the very least.

Just a whiff of that Microsoft bussy made overwatch lazier.

 

[DeepEnigma]

When? Where?

I really don't think you are following dude.

Nothing was submitted, nothing was rejected.

Moving on

MS offers "small devesture" (new remedy)

CMA responds with this,

"Whilst merging parties don't have the opportunity to put forward new remedies once a final report has been issued, they can choose to restructure a deal, which can lead to a new merger investigation,"

They need to restructure a NEW deal. Hence why the former CMA lawyers said it can take up to 3 months and then resubmit to other regulatory bodies since it's literally a new deal. t really isn't that hard to follow.

I guess we'll find out in the coming days leading up to the 18th.

 

[IntentionalPun]

Mr Moose There is no indication that anything was actually summitted to the CMA.

Either way, nothing was rejected.. which is the main point.

 

[IntentionalPun]

MS offers "small devesture" (new remedy)

Nothing was rejected.

There is zero indication any official submission has occurred.

Go read my posts or something. You need to quit quoting shit I've been saying for pages. I'm not the one who needed a refresher on the process.

 

[DeepEnigma]

Mr Moose There is no indication that anything was actually summitted to the CMA.

Either way, nothing was rejected.. which is the main point.

Before:

Now:

This is white-collar corruption at its absolute finest. One small "error" that moved billions of $$, profiting people who were meant to profit.

Us gamers are at the bottom of the barrel in all this; the real story is this and how they all just cut their losses and earned millions in a matter of hours.

Nothing was rejected.

There is zero indication any official submission has occurred.

Go read my posts or something.

If you are told you need to restructure a new deal, and that the original decision was final, then that "small discrete divesture" was denied.

Bruh! You seem to just want to split hairs at this point.

 

[IntentionalPun]

Yes let's quote CNBC, and not the CMA, who said this:

Microsoft and Activision have indicated that they are considering how the transaction might be modified, and the CMA is prepared to engage with them on this basis.

There is zero actual indication aside from shitty print CNBC.com that anything has been officially offered.

Either way nothing was rejected, sorry you were wrong.

If you are told you need to restructure a new deal, and that the original decision was final, then that "small discrete divesture" was denied.

Bruh! You seem to just want to split hairs at this point.

The "splitting hairs" is you endlessly ignoring that you said they had something REJECTED.. You seemed to have misread the CNBC correction as a rejection, when it wasn't one.

And it's not splitting hairs.. we are talking legal process here, the word "submit" has meaning here. There is no real indication from anyone reliable that anything was submitted lol CLEARLY CNBC is not reliable here.

 

[Heisenberg007]

I'd expect the cma to look the other way while MS closes, then work with MS on what needs to be done in the meantime. It's the most logical thing. Unless the CMA is just gonna act like fanboys and say no, no matter what, you can't buy Activision. But I don't see that. They want actual solutions.

I wouldn't count on that. The CMA's decision (to block) is still intact. The head of the CMA also reminded everyone of that decision just a few hours ago.

 

[Topher]

Hold up everyone! Ginzeen here isn't sold. That's it. That's a wrap. The deal is done. Close the thread.

He likes to talk until you ask for receipts. And then....

 

[Mr Moose]

Yes let's quote CNBC, and not the CMA, who said this:



There is zero actual indication aside from shitty print CNBC.com that anything has been officially offered.

Either way nothing was rejected, sorry you were wrong.

This might indicate MS tried to, along with the shitty CNBC thing.

"Whilst merging parties don't have the opportunity to put forward new remedies once a final report has been issued, they can choose to restructure a deal, which can lead to a new merger investigation,"

 

[DeepEnigma]

Yes let's quote CNBC, and not the CMA, who said this:



There is zero actual indication aside from shitty print CNBC.com that anything has been officially offered.

Ok.

CMA's response this morning was all a coinkydink when opening with (paraphrased) "you can't offer remedies to our final decision, totes make a new deal and we will agree to pause and entertain."

Either way, was market manipulation in the headlines.

 

[Ginzeen]

He likes to talk until you ask for receipts. And then....

Not at all I'm still here. Where are these receipts? Everything right now is hear say. I'm confident this deal is done. That's it.

 

[zapper]

When is the appeal from the ftc expected? before July 15, right?How long does the court (9th circuit) have to decide?

meanwhile kotick at the cbnc
"I'd be surprised if they would waste taxpayer resources on something like that. ... I can't imagine the 9th Circuit would grant the stay. .... I would think that would be highly unlikely, and it just wouldn't be productive"

 

[NickFire]

Yes let's quote CNBC, and not the CMA, who said this:



There is zero actual indication aside from shitty print CNBC.com that anything has been officially offered.

Either way nothing was rejected, sorry you were wrong.

DeepEnigma - the more I read the CMA statement the more I believe that nothing was offered yet. Having read it again I am not sure the CMA is even part of the talks with MS yet. It's possible that just AB and MS are talking about a possible new deal to offer the CMA, which CMA is merely willing to comment on with the caveat that any official review has to follow the normal course.

Having said that, I still struggle to accept the notion that MS went through all of this without some backdoor deal with the CMA. I suppose that MS might just intend to go down fighting until the 10 count, win or lose, but really? Would they really let all that dirty laundry air in the FTC PI trial just to have CMA turn the entire trial into internet commentator fodder?

Is that really possible?