Friday, December 9th 2022

FTC Seeks to Block Microsoft's Acquisition of Activision Blizzard

The Federal Trade Commission is seeking to block technology giant Microsoft Corp. from acquiring leading video game developer Activision Blizzard, Inc. and its blockbuster gaming franchises such as Call of Duty, alleging that the $69 billion deal, Microsoft's largest ever and the largest ever in the video gaming industry, would enable Microsoft to suppress competitors to its Xbox gaming consoles and its rapidly growing subscription content and cloud-gaming business.

In a complaint issued today, the FTC pointed to Microsoft's record of acquiring and using valuable gaming content to suppress competition from rival consoles, including its acquisition of ZeniMax, parent company of Bethesda Softworks (a well-known game developer). Microsoft decided to make several of Bethesda's titles including Starfield and Redfall Microsoft exclusives despite assurances it had given to European antitrust authorities that it had no incentive to withhold games from rival consoles.
"Microsoft has already shown that it can and will withhold content from its gaming rivals," said Holly Vedova, Director of the FTC's Bureau of Competition. "Today we seek to stop Microsoft from gaining control over a leading independent game studio and using it to harm competition in multiple dynamic and fast-growing gaming markets."

Microsoft's Xbox Series S and Series X are one of only two types of high performance video game consoles. Importantly, Microsoft also offers a leading video game content subscription service called Xbox Game Pass, as well as a cutting-edge cloud-based video game streaming service, according to the complaint.

Activision is one of only a very small number of top video game developers in the world that create and publish high-quality video games for multiple devices, including video game consoles, PCs, and mobile devices. It produces some of the most iconic and popular video game titles, including Call of Duty, World of Warcraft, Diablo, and Overwatch, and has millions of monthly active users around the world, according to the FTC's complaint. Activision currently has a strategy of offering its games on many devices regardless of producer.

But that could change if the deal is allowed to proceed. With control over Activision's blockbuster franchises, Microsoft would have both the means and motive to harm competition by manipulating Activision's pricing, degrading Activision's game quality or player experience on rival consoles and gaming services, changing the terms and timing of access to Activision's content, or withholding content from competitors entirely, resulting in harm to consumers.

The Commission vote to issue the complaint was 3-1, with Commissioner Christine S. Wilson voting no. A copy of the administrative complaint will be available shortly.

NOTE: The Commission issues an administrative complaint when it has "reason to believe" that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The issuance of the administrative complaint marks the beginning of a proceeding in which the allegations will be tried in a formal hearing before an administrative law judge.

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about how competition benefits consumers or file an antitrust complaint. For the latest news and resources, follow the FTC on social media, subscribe to press releases and read our blog.
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52 Comments on FTC Seeks to Block Microsoft's Acquisition of Activision Blizzard

#2
Bomby569
it really makes no sense to let this gigantic companies get even bigger, in the end everybody loses, employees, customers
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#3
Camm
It'll be interesting to see if the FTC can argue that due to Microsofts horizontal breadth that the acquisition of a few video games (with one admitted elephant in the room) will harm the market as opposed to taken from its actual place in the video game market that see's it behind the other majors by market share by a significant margin.
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#4
Bomby569
Steam is the biggest and didn't bought any studios. If it's about consoles i think this cannot be compared to anything Nintendo or Sony ever did. Sony never bought a game company this big.

Microsoft bought and created studios in the past only to mostly destroyed everything.
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#5
demian_vi
Bomby569it really makes no sense to let this gigantic companies get even bigger, in the end everybody loses, employees, customers
Bomby569Steam is the biggest and didn't bought any studios. If it's about consoles i think this cannot be compared to anything Nintendo or Sony ever did. Sony never bought a game company this big.

Microsoft bought and created studios in the past only to mostly destroyed everything.
You are not biased at all :laugh::laugh::laugh:
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#6
spnidel
watch as nothing happens
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#8
Broken Processor
Bomby569it really makes no sense to let this gigantic companies get even bigger, in the end everybody loses, employees, customers
Even if this goes through they will still only be 3rd biggest. If it's a problem why has action not already been taking against Tencent and Sony.
This is American lobbying at it's finest.
Posted on Reply
#9
Bomby569
Broken ProcessorEven if this goes through they will still only be 3rd biggest. If it's a problem why has action not already been taking against Tencent and Sony.
This is American lobbying at it's finest.
Tencent owns parts of companies, what do they really control? what are the games or platforms they control?

Sony grew their own studios, mostly small aquisitions, they really haven't done any major acquisitions and certainly not even remotely to this one or this values. What did they bought of big value in the last decade, bungie and insomniac that was already working for them.
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#10
Vayra86
Good. Now Activision can be left swimming in its own piles of horse manure.

Its going to fall apart one way or another, because they've systematically been milking every franchise and the customer is starting to walk away. If CoD falls apart, the company will die. Good riddance, have fun re-releasing your utter shite on mobile.

I wonder how long it'll take before the penny drops in board rooms that gaming relies on solid, fun, care/worry free content. Not cash shops in disguise constantly begging for your real life dollar with releases that come and go on yearly basis. That trick won't last, it didn't for the MMO, and it won't for the always online content that turns out to be thin air because customers have no control. Good franchises manage to get people invested in them. Why invest in temporary things?
Broken ProcessorEven if this goes through they will still only be 3rd biggest. If it's a problem why has action not already been taking against Tencent and Sony.
This is American lobbying at it's finest.
- Sony is not multiplatform and they don't own a lot of studios even on their own platform. They are just successful with Playstation.
- Microsoft combines control over gaming content with control over the OS Windows (PC) AND the hardware + OS (Xbox). Meanwhile, it covers content that is created by independent developers, while it also owns its own studios.
- Tencent is just content, not hardware IP.

Its not just about market share development, its about influence on the market that would create an unfair competitive position.
For similar reasons the US was talking about splitting up big tech like Alphabet/Google and Facebook, yet that situation still exists while being in effect the same thing: the role of judge, jury and executioner for said company within their business.
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#11
Imouto
Broken ProcessorEven if this goes through they will still only be 3rd biggest. If it's a problem why has action not already been taking against Tencent and Sony.
This is American lobbying at it's finest.
The hell? Microsoft is the 3rd indeed but out the whole world. It's the third biggest company in the world FFS. They should be forced to compete (and not with contra revenue bullshit like Game Pass) instead of buying their way into a market. The problem is that it doesn't matter how much money they throw at Xbox even bribing customers, the video game market just rejects them.
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#12
Punkenjoy
ImoutoThe hell? Microsoft is the 3rd indeed but out the whole world. It's the third biggest company in the world FFS. They should be forced to compete (and not with contra revenue bullshit like Game Pass) instead of buying their way into a market. The problem is that it doesn't matter how much money they throw at Xbox even bribing customers, the video game market just rejects them.
What is the issue with Game pass, isn't a highly competitive market supposed to give benefits to the customers ?

It's up to Nintendo and Sony to come up with something like this. Gamepass might not be profitable right now, is supposed to be soon.
Posted on Reply
#13
Bomby569
PunkenjoyGamepass might not be profitable right now, is supposed to be soon.
That's exactly the problem, as big as they are they can have GP in the red for years just to destroy the competition, they have that kind of money. They clearly failed playing fair, bought, created and closed the studios they had.

But i guess you're missing the point, the problem isn't GP, the problem is GP, and xbox, and windows, and billion dollar acquisitions, etc, a endless money pit. The problem is the package.
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#14
Zareek
I think people take sides on this issue based on the console platform they prefer. I'm not a fan of M$, but I prefer Xbox controllers to PS ones, and GamePass is absolute genius. So, I bought a Series X and I'd personally be happy to see all the Blizzard Activision content on GamePass. I am certainly concerned about the future of gaming. If a gaming development/publishing company as big as Activision Blizzard is struggling financially at the same time the prices of games continue upward, there is an issue. Maybe it is just bad business practices on the part of Activision Blizzard. Whatever the case, you now buy a game and get half the content at the new AAA price of $70 then pay separately for DLC that should have been included in the original title. Then there are microtransactions and in game advertising. It goes on and on. The price to play keeps going up, what you get is going down, and the companies are somehow still struggling to be profitable. Maybe some people at the top are over compensating themselves, something isn't right, that's for sure!
Posted on Reply
#15
Slizzo
MS hasn't closed a studio for a while now.

They bought Obsidian a while back, they're still out there making great games.



In addition, as has been pointed out, Valve and Sony both have bought up studios. How do you think that Portal, Left 4 Dead, Counterstrike, etc... came about?
Posted on Reply
#16
ZeppMan217
SlizzoMS hasn't closed a studio for a while now.

They bought Obsidian a while back, they're still out there making great games.



In addition, as has been pointed out, Valve and Sony both have bought up studios. How do you think that Portal, Left 4 Dead, Counterstrike, etc... came about?
Portal came from a small team of university students (Narbacular Drop was their prototype game that used portals), Left 4 Dead was Valve's team up with Turtle Rock Studios (TRS went on to make Evolve and Back 4 Blood on their own, Valve made Left 4 Dead 2), and Counter-Strike came from Half-life modders being hired by Valve. Kind of a bad example.
Posted on Reply
#17
Imouto
PunkenjoyGamepass might not be profitable right now, is supposed to be soon.
How is it ever going to be profitable with a $70b investment and putting their whole portfolio on a $10 subscription? Or even before that the Zenimax buyout at $7.5b? We shouldn't forget that they also offer 3rd party titles on Game Pass and they have to pay them for as long as they are on the service. It won't ever add for a profit. The objective is something else than offering a profitable service and that should be reprimanded.

The difference with other companies is that they can lose money for as long as it takes to achieve their objective.

The trial will hopefully shed some light around the massive money black hole that's Game Pass and Xbox. People may realize by then and with hard facts how Microsoft is shaping a market running on a deficit mostly shown by not having any meaningful release this year and having only one (minor) nomination to The Game Awards.
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#18
ThrashZone
Hi,
Yeah game pass 10-15.us per month for ultimate is just a drop in the bucket for most adults/ kids these days
I'll never do either but that's just myself, plenty of others will jump on it and just play what ms allows to keep their kids busy with blood soaked violence :laugh:
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#19
Easo
This is sad, as I naively hope Microsoft will do something good in regards to Blizzard. However... exclusivity is crap and must never be approved.
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#20
Bomby569
ZareekI think people take sides on this issue based on the console platform they prefer. I'm not a fan of M$, but I prefer Xbox controllers to PS ones, and GamePass is absolute genius. So, I bought a Series X and I'd personally be happy to see all the Blizzard Activision content on GamePass.
you acuse people of making this a console war and then you come up with that statement, that on top of all it makes no sense, you'll have AB games on xbox no matter what happens, and in GP is just a question of throwing money one way or another, just like MS is doing right now, it was nothing to do with the acquisition
Posted on Reply
#21
HairyLobsters
Bomby569it really makes no sense to let this gigantic companies get even bigger, in the end everybody loses, employees, customers
How so?
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#22
Zareek
Bomby569you acuse people of making this a console war and then you come up with that statement, that on top of all it makes no sense, you'll have AB games on xbox no matter what happens, and in GP is just a question of throwing money one way or another, just like MS is doing right now, it was nothing to do with the acquisition
It's not an accusation, no one is going to get in trouble. Having an opinion isn't a crime. The word accuse literally means: charge (someone) with an offense or crime. OR claim that (someone) has done something wrong.

It's just my viewpoint based on the comments in this thread. I guess I should have just posted two separate comments, so you could attack them individually.
Posted on Reply
#23
Broken Processor
Bomby569Tencent owns parts of companies, what do they really control? what are the games or platforms they control?

Sony grew their own studios, mostly small aquisitions, they really haven't done any major acquisitions and certainly not even remotely to this one or this values. What did they bought of big value in the last decade, bungie and insomniac that was already working for them.
I'm not pro Microsoft, Sony or tencent. I don't care how these studio's got to the size they are or what platforms they are or aren't on. Neither did I say I agree with the merger. I'm simply wondering why it's a issue for Microsoft to gain in size considering WHEN/IF the sale goes through they will be the 3RD biggest game studio as opposed to Tencent and Sony who are already bigger.
Posted on Reply
#24
Imouto
Broken ProcessorI'm not pro Microsoft, Sony or tencent. I don't care how these studio's got to the size they are or what platforms they are or aren't on. Neither did I say I agree with the merger. I'm simply wondering why it's a issue for Microsoft to gain in size considering WHEN/IF the sale goes through they will be the 3RD biggest game studio as opposed to Tencent and Sony who are already bigger.
It's been explained already. Microsoft can lose money ad infinitum with the Xbox division artificially hurting competition. It already does with Game Pass. A stronger position would only accelerate the erosion.
Posted on Reply
#25
Robin Seina
I agree with merger wholeheartly and I think, that it will be good for A-B, if only to get Bobby Kotick out (well with golden parachute, but out). Also it is quite hypocritical from Sony to say this merger will limit the competition on the market, when Sony itself hoards game titles and studios for its own platform
Also I am surprised by FTC stance, since many FTC decisions were political ones, aimed at support of home grown industry. From USA POW, Sony is a foreign entity.
Posted on Reply
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