Friday, March 24th 2023

UK CMA Provisionally Approves Microsoft's Proposed Acquisition of Activision Blizzard

The UK's Competition and Markets Authority (CMA) regulatory body has today delivered its provisional approval of Microsoft's proposed purchase of the Activision Blizzard group, but has added that it will conduct further reviews into the topic of whether the buyout will have any detrimental effect on competition in the area of cloud gaming services: "where the CMA is continuing to carefully consider the responses provided in relation to the original provisional findings. The CMA's merger investigation continues, and it remains due to issue its final report by 26 April 2023."

The antitrust watchdog's stance looks to have changed in a significant way since February, when it declared that Microsoft's proposed acquisition of Activision Blizzard had the potential to "harm U.K. gamers". New evidence has been presented to the CMA in recent weeks, and its members have moved to provisionally conclude that: "overall, the transaction will not result in a substantial lessening of competition in relation to console gaming in the UK."
A key factor in this turn of events is the hypothetical situation the Call of Duty series faces under Microsoft ownership: "The most significant new evidence provided to the CMA relates to Microsoft's financial incentives to make Activision's games, including Call of Duty (CoD), exclusive to its own consoles. While the CMA's original analysis indicated that this strategy would be profitable under most scenarios, new data (which provides better insight into the actual purchasing behaviour of CoD gamers) indicates that this strategy would be significantly loss-making under any plausible scenario. On this basis, the updated analysis now shows that it would not be commercially beneficial to Microsoft to make CoD exclusive to Xbox following the deal, but that Microsoft will instead still have the incentive to continue to make the game available on PlayStation."

Microsoft has been highly critical of the CMA's earlier findings, but today appeared to be glowing about the latest judgement. A company spokesperson told Eurogamer: "We appreciate the CMA's rigorous and thorough evaluation of the evidence and welcome its updated provisional findings. This deal will provide more players with more choice in how they play Call of Duty and their favourite games. We look forward to working with the CMA to resolve any outstanding concerns."
The Activison Blizzard group provided their own very positive view of the provisional verdict, its spokesperson stated to Eurogamer: "The CMA's updated provisional findings show an improved understanding of the console gaming market and demonstrate a commitment to supporting players and competition. Sony's campaign to protect its dominance by blocking our merger can't overcome the facts, and Microsoft has already presented effective and enforceable remedies to address each of the CMA's remaining concerns. We know this deal will benefit competition, innovation, and consumers in the UK."

It is curious that Activison Blizzard makes mention of Sony in their statement - there is very little consolation offered when you read into it. Eyes will soon turn to other regulator bodies around the world, and theories will emerge regarding new evidence being submitted to members holding sceptical views of the tentative buyout. Microsoft has argued that its rival, Sony, is in good enough financial shape to embark on creating its own shooter franchise that can compete with Call of Duty.
Sources: GOV UK, Eurogamer News
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24 Comments on UK CMA Provisionally Approves Microsoft's Proposed Acquisition of Activision Blizzard

#1
Bomby569
they were so against it, i guess they were per$uaded
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#2
Bruno Vieira
Bomby569they were so against it, i guess they were per$uaded
Or sony arguments were crap to begin with
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#3
dirtyferret
Bomby569they were so against it, i guess they were per$uaded
Bruno VieiraOr sony arguments were crap to begin with
or both
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#4
Selaya
$ony being full of $hit

what a fucking $urpri$e
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#5
BIGMicro
Maybe it's just a player's perspective but I hope someone will block this acquisition if not in the US then maybe in the EU ? Someone is probably counting on a large number of games in the Microsoft subscription ? Maybe part of it, maybe for a while. Looking at how for example, the prices for the services of Netflix or HBO Max are increasing what will happen when Microsoft gains enough customers, the prices wont also go up ?
The second point is that already games are mostly digital copies. Especially PC ones and they are not yours. They literally don't belong to you - you have the right to use but not eg sell. Still paying full price :banghead:
Soon, gaming will be subscription-only - you don't buy games, just pay for access to your account.

For me it's not about which company will buy Activision-Blizzard. The point here is that there are other companies able to buy a such big video game holding company (?!). Maybe Activision-Blizzard doesn't release dozens of games but it has very significant game brands, big revenue. In general, its not good for players and the market that company like Activision-Blizzard to be taken over by large corporations like MS. Microsoft has own studios, bought a few others - they shouldn't get approval. They don't have enough staff in the gaming department? They can't come up with new game series themselves, don't they already have a dozens of game brands?
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#6
chrcoluk
Is there a UK division of Activision? not sure if the UK has any authority over them on this, but yeah I wouldnt expect our regulator to block it.
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#7
trsttte
BIGMicroI hope someone will block this acquisition if not in the US then maybe in the EU
Sorry to dissapoint but the EU already gave it's approval :( I think the US is the only bigger market in question right now.

Nothing good for competition in the market ever came after consolidation moves like this, and time after time "we" - as in regulator bodies - refuse to learn. How many studios will be too many for Microsoft to gobble up!?

Oh well, step by step Microsoft builds their monopoly up. Better make peace with it, seems like the deal is going through.
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#9
Frick
Fishfaced Nincompoop
BIGMicroThe second point is that already games are mostly digital copies. Especially PC ones and they are not yours. They literally don't belong to you - you have the right to use but not eg sell. Still paying full price :banghead:
Soon, gaming will be subscription-only - you don't buy games, just pay for access to your account.
Gamepass expansion is the end game for sure, and mobile gaming. It's not a bad deal for many people.

Me I'm fine with MS buying them. They need new direction and MS has been sensible in their handling of other studios so far. The world is too deep in capitalism to reverse, so bigger and bigger buyouts/mergers it is.
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#10
Kohl Baas
the updated analysis now shows that it would not be commercially beneficial to Microsoft to make CoD exclusive to Xbox following the deal
I'd like to see their analysis about how profitable GamePass is...
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#11
Bomby569
trsttteSorry to dissapoint but the EU already gave it's approval :( I think the US is the only bigger market in question right now.
no they didn't
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#12
watzupken
To me, it makes no sense why they want to stop this acquisition. The likes of Sony is acquiring game studios a lot more aggressively to create proprietary titles for PS5. While I agree these are not big names like Activision Blizzard, but the "anti-competitive" argument is inconsistent. To me, I would prefer MS acquiring it because they generally launch new games on both Xbox and PC. Sony on the other hand will launch new games exclusively on PS, and takes upwards of 2 to 3 years before it gets launched on other platforms. I bought a PS5 only because the games that I want to play are only on the platform (at least for now). I can of course wait for the games to may be end up on the PC, but like I said earlier, it may take years. The best of course is that the studio stays independent so that all the platforms may "benefit".
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#13
lexluthermiester
This is not good. However, the deal is not done. There are three more hurdles to overcome.
Posted on Reply
#14
Hoak
Bomby569they were so against it, i guess they were per$uaded
Having been privy to some second hand past 'negotiation discussion' between Microsoft and regulators; I'm wager Microsoft's position was negotiated more in terms of guarded threats than bribes. Consider: Microsoft's user hostile PC OS could easily and rapidly lose consumer market share in the gaming venue as SteamOS gains share, and the prospect of the next SteamDeck being something more like a PC or console. The later would also threaten the Xbox. All Microsoft has to do is cook statistics on how this 'disruption' would impact and threaten current PC and MexBox cartel and supporting retail product industry. Of course it's all crap, any new Steam products will not only be 'open' would regardless depend on the very same supporting retail product channels. But Microsoft is very good and practiced at economic terrorism....
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#15
trsttte
Bomby569no they didn't
I thought they did but that's correct, not yet. Current "leaked"/planted information points towards it being approved though

www.reuters.com/markets/deals/eu-unlikely-demand-asset-sales-microsoft-activision-deal-sources-say-2023-03-02/
watzupkenWhile I agree these are not big names like Activision Blizzard, but the "anti-competitive" argument is inconsistent.
No it's not, buying a huge publisher and it's portfolio is completely different than buying a small studio here and there.
watzupkenSony on the other hand will launch new games exclusively on PS, and takes upwards of 2 to 3 years before it gets launched on other platforms.
Forget about Sony, they do not matter. They are the ones that are fighting the most against the deal because it's in their interest of course, but this is not about them just as it isn't about who gets to buy activision, sony or microsoft. This is about a market player dumping money to get a majority and dominant stake on said market. If instead of Microsoft, it was the Embracer group the situation would be all the same - except that Sony wouldn't really care, but we should!

This discussion is always getting poisoned by people who picked or are sympathetic towards one of the main console sides (I don't really count Nintendo because nowadays they quite literally play a different game) but that's not the important point, the issue is Microsoft is buying a lot of stuff - Zenimax (Bethesda et al) made the headlines but they're not the only ones - and the gaming market is getting severely consolidated.

The number of exclusive games Sony has is also often misconceived, yes there's a bunch and they usually make a big splash and generate a lot of headlines but in terms of market share, sales or even raw number they aren't dominating shit. The fact that Microsoft like Sony is not able to produce a first party game that dominates headlines (be it exclusive or not - i.e. Death Stranding only took 6 months to release on PC, not really exclusive, it's like when games release on epic first or rockstar first on consoles) doesn't mean they should be allowed to gobble up another big part of the market.
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#16
Kohl Baas
trsttteForget about Sony, they do not matter. They are the ones that are fighting the most against the deal because it's in their interest of course, but this is not about them just as it isn't about who gets to buy activision, sony or microsoft. This is about a market player dumping money to get a majority and dominant stake on said market. If instead of Microsoft, it was the Embracer group the situation would be all the same - except that Sony wouldn't really care, but we should!

This discussion is always getting poisoned by people who picked or are sympathetic towards one of the main console sides (I don't really count Nintendo because nowadays they quite literally play a different game) but that's not the important point, the issue is Microsoft is buying a lot of stuff - Zenimax (Bethesda et al) made the headlines but they're not the only ones - and the gaming market is getting severely consolidated.

The number of exclusive games Sony has is also often misconceived, yes there's a bunch and they usually make a big splash and generate a lot of headlines but in terms of market share, sales or even raw number they aren't dominating shit. The fact that Microsoft like Sony is not able to produce a first party game that dominates headlines (be it exclusive or not - i.e. Death Stranding only took 6 months to release on PC, not really exclusive, it's like when games release on epic first or rockstar first on consoles) doesn't mean they should be allowed to gobble up another big part of the market.
THIS!!!

In the heat of the argument peolpe is missing the point entirely...
Posted on Reply
#17
Bomby569
And it's not just about the companies, it's about the regulators too, for sometime now the regulators gave up on their role, we see this constantly in different countries and different markets. Or at least they don't regulate thinking of the consumer side of the market.
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#18
lexluthermiester
trsttteForget about Sony, they do not matter.
A statement very clearly out of touch with reality.
trsttteThis is about a market player dumping money to get a majority and dominant stake on said market. If instead of Microsoft, it was the Embracer group the situation would be all the same - except that Sony wouldn't really care, but we should!
Almost right. If it were someone other than microsoft, the problem would not exist. This problem exists because microsoft has become too big and controls too much of several industries.

This deal must not happen. It would be destructive in many ways.
Posted on Reply
#19
trsttte
lexluthermiesterA statement very clearly out of touch with reality.
Context...
lexluthermiesterAlmost right. If it were someone other than microsoft, the problem would not exist. This problem exists because microsoft has become too big and controls too much of several industries.
You're looking too narrowly, Microsoft is already too big regardless of this deal if you want to go that way. In this context of gaming/entertainment that is what's at stake most players are too big and if someone like the Embracer Group wanted to a acquire a major competitor like Activision we would definetely still have a problem - we just wouldn't have someone like Sony making such a fuss because for them it wouldn't make such a difference, which of course is very shortsighted given how Embracer could and can easily pull the rug under Sony's feet

The current hurdles are not about Microsoft being too big, they're about Microsoft being too big in the gaming market.
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#20
lexluthermiester
trsttteYou're looking too narrowly
It's called focus.
trsttteMicrosoft is already too big regardless of this deal
Exactly.
Posted on Reply
#21
Bomby569
People already said, it's not specifically about MS alone, it's because they control a platform. This is not a witch hunt, it's not because people don't like Bill Gates, etc... Embracer or MS in this context are not at all the same thing, they won't create the same problem.
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#24
lexluthermiester
chrcolukUmm, BBC reports the UK has blocked it.

www.bbc.co.uk/news/business-65407005
EXCELLENT! Eat it Brad Smith!

For those wondering, because the UK has blocked it, the US and EU have little choice but to follow. Treaties and whatnot. This is a win for whole gaming world.
Posted on Reply
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