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

Do you believe the deal will be approved?


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The way I read it, they are requesting to withdraw from the case on the basis that the FTC don't have a case to move forward with:

"Withdrawal would advance the public interest and the core purpose of Rule 3.26(c). After a five-day evidentiary hearing, the district court found that the FTC is unlikely to succeed on any of the theories of competitive harm advanced in its Complaint for multiple, independently sufficient reasons. In addition, in the wake of the district court's findings and the court of appeals' denial of injunctive relief pending appeal, Microsoft signed a 10-year, binding agreement with Sony, the principal complainant against the transaction, to keep Call of Duty on PlayStation following the acquisition of Activision Blizzard. Under these circumstances, withdrawal from adjudication is not only mandated by regulation, but would enable the Commission to make a reasoned determination whether to proceed without the ordinary adjudicative constraints of Part 3, including the ban on ex parte communications between the Commission and Complaint or Respondents' Counsel."

And I told you all Jimbo should never have signed that deal.
Phil and Bobby played him like a fiddle
 


Look, we both know that Brad doesn't care about organized labor, but if this deal going through leads to the unionization of those 10k workers, then it's a wonderful thing.

The FTC continues to look more and more like it's run by an ideologue who is in way over her head. Which, of course, it is.
 
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This was posted yesterday, and may have been covered here, but I can't resist dumping on Khan and crew the more I read about their strategy.

And this is the best hit piece yet:

Game over at the Federal Trade Commission


Written by a Law Professor at USC (you know it's bad when Academia starts turning on Khan the Academic):

In tallying up the losses, it's hard to know where to start. The regulatory parade of follies includes the agency's debatable effort to block Altria's minority equity investment in Juul, a struggling e-cigarette maker; its puzzling suit to block Facebook's acquisition of Within, a metaverse fitness app; and now a federal court's rejection of its challenge to Microsoft's acquisition of the video-game publisher Activision (which the FTC immediately appealed).

Agreed.

While the FTC has succeeded in disrupting Illumina's acquisition of Grail, a cancer-diagnostic startup, that is only because the agency effectively outsourced enforcement to European Union regulators (which asserted jurisdiction and blocked the acquisition even though Grail does no business in Europe). The FTC subsequently lost the case against Illumina in its own administrative court, which the commissioners then simply overruled.

Explains the CMA situation, quite frankly. :messenger_tears_of_joy:

These litigation theatrics impose an "antitrust tax" that can lead targeted firms to pull a transaction and enable the agency to secure outcomes that it couldn't otherwise achieve. In some acquisitions, the prospect of litigation will cause parties to withdraw, while transactions that may have benefited consumers are likely not being undertaken given the unpredictable regulatory climate. Legal uncertainty is now heightened in the case of vertical acquisitions, since the FTC has not provided guidance to replace the vertical merger guidelines withdrawn in 2021, leaving the agency with regulatory discretion that has few known limits.

Great! So now only really, really big companies can play the game and win. Hey, isn't that what you should be fighting against?

The populist narrative that now prevails in antitrust discussion sometimes asserts that courts and agencies integrated economic principles into antitrust law based on a nefarious campaign to protect "big business." This historical fable hurts real-world markets and consumers. The integration of economic concepts reflected careful efforts by scholars, judges, and regulators to develop an evidence-based framework for enforcing antitrust law to protect competition rather than particular competitors. Ironically, the weakness of the FTC's case against the Microsoft/Activision transaction provides the best evidence for the wisdom of this approach.

Explains the nonsensical bribery, blowjob, and boondoggle posts I've seen in this thread. My God, there are plenty of reasons why someone might not like this deal deal, so why not pick a valid one?

Anyway, good luck with that long game of 4D Chess. Hope you don't outsmart yourself!
 
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i just want it to stop jim halpert GIF
 
This deal would of been done, but the CMA threw a monkey wrench into it. Microsoft Selling off Their cloud rights in the UK should of been available to them since the start. Now its suddenly a option.....
 
Who's excited to see that theatrics the judge pulls tomorrow
No way the judge makes them go through the appeal hearing. Both parties are not interested in it anymore. Waste of time and resources for all 3 parties. Whatever evidence they provide should be enough.
 
No way the judge makes them go through the appeal hearing. Both parties are not interested in it anymore. Waste of time and resources for all 3 parties. Whatever evidence they provide should be enough.
You would think lol who the hell knows with this case and look at me judge
Its 11 pm here, so the judge's result usually comes out around 8am to 10am. I am working around these times, so I get the news too late.
yea it's 11 here too east coast
 
Fucking Sony and their... Wait, it was Bethesda that were shopping around for timed exclusives!?

In other words…. The big baller bidder won. As in the guys who bought the whole Bethesda pie. 🤷🏾‍♂️😅😅😅


I don't care for the ins outs. Just the end result. I didn't need to read the book, because I got the happy ending. Im playing Starfield via gamepass this fall and I'm not sorry about it! 😅😅🤷🏾‍♂️
 
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