Microsoft's acquisition of Activison Blizzard

KiryuRealty

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Where it’s at.
Though if we go with strictly the install base argument, I could see the EU approving the deal, but the CMA ultimately saying no due to requiring remedies that MS are unwilling to adhere to.
I don’t think the EU is going to go for it after how they were lied to about Bethesda.

Doesn’t really matter what they do if the CMA sticks to demanding divestiture.
 
24 Jun 2022
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Though if we go with strictly the install base argument, I could see the EU approving the deal, but the CMA ultimately saying no due to requiring remedies that MS are unwilling to adhere to.

I don't see why that would work as a convincing argument for the EC, either. The install base difference can be rationalized as Sony offering more of what the market wanted, and doing so without consolidating a massive publisher. If MS's history of neglect towards the European market during the XBO were put on full display, everyone would easily see that their market position is 100% their own doing, and buying up massive publishers isn't going to suddenly resolve that. It doesn't even guarantee that Microsoft gets their ass in gear and makes smart use of their acquired assets.

If I were someone present contesting the deal, I'd bring up Microsoft's history of failed utilization of acquired assets dating back to the original Xbox, or their lack of helping acquired teams grow and achieve more in terms of industry-leading content, and in many cases even in terms of generating more revenue. I'd also point out their history of IP mismanagement, such as the fact their once-marquee FPS IP Halo now being a shell of its former self, is obviously a motivation in them wanting to buy ownership of the #1 FPS on the market that their own studio was unable to win in competition with due to Microsoft's incompetence.

Like, actually get to the meat & potatoes of why Microsoft want ABK and then reinforce the fact almost every problem they are trying to solve through the acquisition, is a problem they created for themselves and in which the acquisition doesn't inherently solve, nor do Microsoft as a platform holder have a history of leveraging acquired assets to fix foundational problems with their gaming division.

I mean, MS have basically already said multiple times "We kinda suck at this gaming thing, let us buy ABK. Let us compete!". But they've only been telling half the story. If I were Sony, I'd tell the parts Microsoft doesn't want to tell.

cbots on era are pretty convinced the deal will pass

They never lost faith. Even I have generally been of the opinion the deal will pass, but not with the weaksauce behavioral remedies Microsoft have presented so far. There are going to be concessions involving a structural remedy or two and that's the one Microsoft seems most afraid of having happen.

Which means it would be the best solution in order approve the deal. Granted, I think it could be a 'lighter' structural remedy given the behavioral ones Microsoft have already proposed, but I still think it should involve divestiture. I just don't see why they can't retain partial ownership of the divestiture (though, they probably should not be allowed to buy further ownership via shares in the divested entity, either. At least not unless other shareholders with stock want to sell to them...I'm not really sure how that part would be handled from an enforcement POV though).

The warriors in places like that ResetERA thread want the deal to go through with no concessions or the most babyish of behavioral remedies for Microsoft. They're either unaware of the floodgates that'd open for rapid mass consolidation in the gaming industry, or they simply don't care. And if they don't care, they were never really fans of the hobby (or its history) in the first place, IMHO.
 

AshHunter216

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I don't see why that would work as a convincing argument for the EC, either. The install base difference can be rationalized as Sony offering more of what the market wanted, and doing so without consolidating a massive publisher. If MS's history of neglect towards the European market during the XBO were put on full display, everyone would easily see that their market position is 100% their own doing, and buying up massive publishers isn't going to suddenly resolve that. It doesn't even guarantee that Microsoft gets their ass in gear and makes smart use of their acquired assets.

If I were someone present contesting the deal, I'd bring up Microsoft's history of failed utilization of acquired assets dating back to the original Xbox, or their lack of helping acquired teams grow and achieve more in terms of industry-leading content, and in many cases even in terms of generating more revenue. I'd also point out their history of IP mismanagement, such as the fact their once-marquee FPS IP Halo now being a shell of its former self, is obviously a motivation in them wanting to buy ownership of the #1 FPS on the market that their own studio was unable to win in competition with due to Microsoft's incompetence.

Like, actually get to the meat & potatoes of why Microsoft want ABK and then reinforce the fact almost every problem they are trying to solve through the acquisition, is a problem they created for themselves and in which the acquisition doesn't inherently solve, nor do Microsoft as a platform holder have a history of leveraging acquired assets to fix foundational problems with their gaming division.

I mean, MS have basically already said multiple times "We kinda suck at this gaming thing, let us buy ABK. Let us compete!". But they've only been telling half the story. If I were Sony, I'd tell the parts Microsoft doesn't want to tell.



They never lost faith. Even I have generally been of the opinion the deal will pass, but not with the weaksauce behavioral remedies Microsoft have presented so far. There are going to be concessions involving a structural remedy or two and that's the one Microsoft seems most afraid of having happen.

Which means it would be the best solution in order approve the deal. Granted, I think it could be a 'lighter' structural remedy given the behavioral ones Microsoft have already proposed, but I still think it should involve divestiture. I just don't see why they can't retain partial ownership of the divestiture (though, they probably should not be allowed to buy further ownership via shares in the divested entity, either. At least not unless other shareholders with stock want to sell to them...I'm not really sure how that part would be handled from an enforcement POV though).

The warriors in places like that ResetERA thread want the deal to go through with no concessions or the most babyish of behavioral remedies for Microsoft. They're either unaware of the floodgates that'd open for rapid mass consolidation in the gaming industry, or they simply don't care. And if they don't care, they were never really fans of the hobby (or its history) in the first place, IMHO.
One of my biggest concerns is the legal precedent this deal would set. It would basically be giving the greenlight to multiple buyers that almost nothing is off the table in the industry. If the industry turns into a battle of who can buy the most/best publishers, tons of people get screwed.

Rejecting or heavily restricting this deal may stem the tide of industry consolidation.
 

KiryuRealty

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Where it’s at.
One of my biggest concerns is the legal precedent this deal would set. It would basically be giving the greenlight to multiple buyers that almost nothing is off the table in the industry. If the industry turns into a battle of who can buy the most/best publishers, tons of people get screwed.

Rejecting or heavily restricting this deal may stem the tide of industry consolidation.
That’s what te CMA said their intent is in their Provisional Findings report, so I’m confident they are going to demand divestiture and thereby kill the deal.
 

Cool hand luke

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The echo chamber on reeee is hilarious to read. They're reeeeusing pages from their harassment playbooks to assume the moral high ground and are starting each argument from the default position that the acquisition is a gift from god. The thing is if you see the acquisition mentioned on other threads, reeee turds are viciously against it and disgusted with their greeeeeen rat brethren.
 

Zeroing

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The fact that all of Brad Smith's arguments were widely known before this hearing, the 10 year agreement he's parading around, I'm sure Sony's lawyers wiped the floor with them. The 10 year agreement clearly did nothing to persuade the CMA thanks to Sony's arguments, I doubt the EU would be any different. MS have decided to turn this into a PR circus which doesn't bode well if they thought there chances were good.
I agree it’s a circus, between some top level people in Activision acting like 4 year olds, MS employees in the purple forum being aggressive while trying to gaslight people, the fanatics on twitter who somehow bullied their way into forcing a journalist to change his article 3 times…. Yeah it’s mess.

Not surprised tho, MS did this on the Xbox one era and with gamepass for example.
 

Gediminas

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I agree it’s a circus, between some top level people in Activision acting like 4 year olds, MS employees in the purple forum being aggressive while trying to gaslight people, the fanatics on twitter who somehow bullied their way into forcing a journalist to change his article 3 times…. Yeah it’s mess.

Not surprised tho, MS did this on the Xbox one era and with gamepass for example.
i better pay 10$ more for games, but kick xbox out of gaming. the shit going around is enormous size, the toxicity from that m$ and everyone following them is just crazy.
i need that peace and quiet.
 
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Bryank75

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The echo chamber on reeee is hilarious to read. They're reeeeusing pages from their harassment playbooks to assume the moral high ground and are starting each argument from the default position that the acquisition is a gift from god. The thing is if you see the acquisition mentioned on other threads, reeee turds are viciously against it and disgusted with their greeeeeen rat brethren.

Well I would be happy to see that, I didn't really see the outrage or disgust... if you could link me to it, I'd love to read.

The acquisition thread itself is honestly too much for me to stomach most of the time.
 

KiryuRealty

Cambridge Dictionary High Priest of Grammar
28 Nov 2022
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Where it’s at.
Well I would be happy to see that, I didn't really see the outrage or disgust... if you could link me to it, I'd love to read.

The acquisition thread itself is honestly too much for me to stomach most of the time.
The GAF Approval Watch thread has really swung since they started letting people opposed to the deal hit back against the worst of the green rat brigade.

Seeing assholes like Hendrick’s DenchDeckard, DarkMage and the rest getting bitchslapped for their idiotic takes is refreshing.
 
24 Jun 2022
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One of my biggest concerns is the legal precedent this deal would set. It would basically be giving the greenlight to multiple buyers that almost nothing is off the table in the industry. If the industry turns into a battle of who can buy the most/best publishers, tons of people get screwed.

Rejecting or heavily restricting this deal may stem the tide of industry consolidation.

Exactly. I hope at least the CMA are very much considering the future ramifications this acquisition can have on the industry. It would be nice if the EC are as well (we only really got Microsoft's side of things from that meeting, the other companies don't feel like they need to be jesters for a public audience on what should be private legal discussions).

That’s what te CMA said their intent is in their Provisional Findings report, so I’m confident they are going to demand divestiture and thereby kill the deal.

Yeah, it's a good thing CMA are demanding divestiture. While I don't THINK that should kill the deal, the likelihood that it does is very high and that's all down to Microsoft's need for total control of all assets.

CMA called them out on their bluff; a more humble Microsoft could probably accept terms of divestiture but the Microsoft we've been seeing the past year or so will 99% walk away from the deal and let it die.

Even if they don't, the chances their shareholders (and ABK's shareholders) balk at the idea of a revised deal that divests assets is very high. And IIRC, ABK themselves said there's no deal if the UK doesn't approve on the original terms that they & MS entered into the deal on.
 

KiryuRealty

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28 Nov 2022
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Where it’s at.
Exactly. I hope at least the CMA are very much considering the future ramifications this acquisition can have on the industry. It would be nice if the EC are as well (we only really got Microsoft's side of things from that meeting, the other companies don't feel like they need to be jesters for a public audience on what should be private legal discussions).



Yeah, it's a good thing CMA are demanding divestiture. While I don't THINK that should kill the deal, the likelihood that it does is very high and that's all down to Microsoft's need for total control of all assets.

CMA called them out on their bluff; a more humble Microsoft could probably accept terms of divestiture but the Microsoft we've been seeing the past year or so will 99% walk away from the deal and let it die.

Even if they don't, the chances their shareholders (and ABK's shareholders) balk at the idea of a revised deal that divests assets is very high. And IIRC, ABK themselves said there's no deal if the UK doesn't approve on the original terms that they & MS entered into the deal on.
MS themselves declared, at the hearings for the EU in Brussels, that the absolutely WILL NOT accept divestiture, so it’s all just theatre now.
 

Dabaus

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Yeah, almost not worth scanning for Idas posts anymore.
Its really not anymore. The inmates have taken over the asylum in xbox land. Harassing anyone agaist the deal, harassing journalists that weigh in, harassing game developers that may or may not put games on gamepass. It has become an unhinged, lunatic fringe, dangerous, insane, mentally deranged cult thats becoming more and more disconnected from reality every passing day.
 

FatKaz

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CMA called them out on their bluff; a more humble Microsoft could probably accept terms of divestiture but the Microsoft we've been seeing the past year or so will 99% walk away from the deal and let it die.
They called them out on their bluff and basically got them to expose themselves to what it is really about.

At this point CMA accepting only behavioral remedies will be really surprising, the entire divestiture the cma carved out in the PF was to give microsoft what they want right? Well that entire thing just got blown to pieces in public by MS, and it completley makes the CMA look like fools. They will look like even bigger fools if they go with only behavioral remedies.

Heres an even worse precedent that will get set, big tech companies using public pressure to get regulators into making decision their way.
 
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