Several competitors who spoke to the CMA referred to Microsoft’s behaviour in relation to past acquisitions, including that of ZeniMax Media, where Microsoft did not uphold its promise to continue making Bethesda content available on multiple stores and platforms.
One of these competitors explained that, in relation to this Merger, Microsoft would have the incentive to withhold ABK games from rival multi-game subscription services, as it would allow Microsoft to drive game distribution through its own services and secure the leading position in multi-game subscription services. This competitor believes that many gamers will switch to Microsoft from other multi-game subscription services, which will generate direct and indirect profits for Microsoft in a variety of ways. In the competitor’s view, the incentives to draw users to the Microsoft console gaming platform will far outweigh any downside from reduced sales of individual games on rival platforms.
Based on this evidence, the CMA believes that the Merged Entity may have the incentive to engage in total or partial foreclosure of rival multi-game subscription services using ABK’s content.