You are just conflating random laws to a situation that doesn't apply; you think nobody can make something exclusive? Buy something and make the goods exclusive to a platform? Find me one ruling where the EU indicated that when it wasn't based on a monopoly. That section is about things like price fixing, actions involving multiple companies acting together to limit markets. Buying Bethesda doesn't limit anyone's ability to sell products... that's not in any way related to this. Companies can do things including buying companies to their advantage.. that's called capitalism.
I didn't say all anti-trust laws only apply to monopolies.. we are talking about a specific scenario.. a purchase/merger.
Here's the section of TEFU that applies to what I'm talking about:
Antitrust and Cartels Overview
ec.europa.eu
Dominating a market is not illegal.. and MS will not be dominating any markets after buying Bethesda.
Again you're missing the point. EU anti-trust law deals with two primary concerns. One is the abuse of a dominant market position, the second is any other general anti-competitive market practices or agreements.
The purchase of a multi-platform publisher relates not to the former at all (so I have no idea why you keep bringing it up). But it does raise concerns over the latter, and you can bet your ass the EU will be pouring over every detail of this deal to make sure it does not violate the EU legal definition of anti-competitive practice.
They will pretty much 100% approve the deal, but there will be stipulations around how Zenimax under MS continues to do business, such that fair market competition principles are observed.
I'm curious why so many of you think you can conclude anything so authoritatively about how this deal will go down, when it's the first of its kind in history and ya'll aren't anything close to legal experts... lol.
So as I said.. you have to be considered a near monopoly, or part of a duopoly to have behaviors like making something exclusive be illegal.
Otherwise.. we wouldn't have console exclusives at all lol
Again i'm not sure why you keep circling back to this strawman. This isn't about MS becoming a monopoly. It's about the potential for anti-competitive practice. The latter doesn't have to preclude the former. And you claim I'm conflating issues.
edit: Oh and lets not forget MS doesn't release ANYTHING exclusively lol.. they release everything on PC, and in multiple storefronts in general.
Lol... wut?
Not at all. Market Cap does not equal Market Value, meaning the sell price will be north of 10 Billion. Sony cannot afford to spend 1/3 of its cash on a single acquisition.
Name a single example of a merger or acquisition in the past 5 years where the purchasing company buys the acquisition target in cash alone?
It would be fiscally irresponsible. You buy using a combination of cash, your own company shares (hence your own market Cap is indeed relevant), debt and cash equivalents.
Do you want to bet something? I say the EU will approve the merge on March 5th
No-one here saying it won't. But there will be stipulations around how the merger will be structured. And I strongly believe the reverse triangular merger setup already mentioned is an indication of that.