So as usual in the end it comes down to the CMA. They basically told the CMA yesterday we don't care about what you prefer you will take what we offer you.
The reality must have dawned on them that CMA isn't gonna be happy with whatever behavoruial remedies, so back to the usual pr stunt and trying to apply pressure through public opinion. If CMA have a backbone they won't fall for this.
They where also speaking to Sony yesterday and Sony probably told them to piss off with their offer.
Is it really just down to the CMA? I heard that some of the European regulators did not like Brad Smith's presentation yesterday. Not sure where I can find this being verified, it's just something I've heard through the grapevine.
If I had to guess, it was probably because of the combination of once again trying to gin up the public through wordy favoritism and lock a regulatory decision in a corner, combined with what probably came off as pretentious boisterousness. Also maybe signing legal deals (of intent) with companies over assets his company doesn't legally own yet could be another factor, and the fact his appeals were less directed to answering concerns of regulators, but rather to gain cheers from an incensed public (which ties into the first point I mentioned).
Keep in mind yesterday was just MS giving their side of things. I think Sony gives theirs today, and other companies present as well. The EC aren't making the decision to approve or deny this week (AFAIK); they are just letting both sides speak their pieces in favor of & against the deal.
But speaking of which, have there been any noteworthy developments today? I know there's a Brad Smith interview with some network that's laughably bad, but I wouldn't classify that as significant. Just hilarious (and that interview might've been done yesterday for all I know).
From the social media comments yesterday and the constant attacks on Sony, it seems to me like their little stunt with Nvidia and others may have yielded some results, but they are still not in the clear with the EU. The throwing of garbage in Sony's direction, plus the latest and greatest narrative being shared by our resident astroturfer, sound to me like they are getting ready to try and publicly destroy playstation if this doesn't pass.
I still can't see a scenario where the CMA and perhaps even the EU don't accept structural remedies. The comment that kind of gives this away for me is the one where they say there's no deal without Cod, which supposedly was not the target for the acquisition.
I picked up on this, as well. You'd think if the Nvidia and Nintendo agreements yesterday were good enough, Microsoft would not have reverted back to pushing out a hardline stance on one of the key structural remedies presented by the CMA. That to me seems like they're feeling themselves, but ti also looks like something else: pure arrogance. And there was a dash of arrogance in something Brad Smith said when addressing regulators and Sony specifically in his presentation yesterday, too.
If Microsoft feels that what's been offered to Nvidia and Nintendo can only occur if they have 100% ownership of COD, they need to actually prove it with numbers. Just like how they've been trying to subpoena Sony to prove (with numbers) that they can't operate PlayStation as-is without COD (which begs the question, if MS aren't interested in removing it off the platform, why even entertain that hypothetical?), Microsoft should be requested to provide numbers proving that somehow, someway, ABK can't bring COD to Switch or Switch 2 while remaining independent. That ABK can't allow GeForce Now to cloud-stream COD without Microsoft owning them.
Microsoft wants to double-down on the idea that they "need" to keep full COD ownership in order to do these things, or ensure that Sony continues to get COD...then show the numbers. But when it comes to gaming, that's one thing Microsoft are deathly afraid to actually do: show their own, raw, internal numbers. They don't do it for Game Pass subs (anymore). They don't do it for Xbox sold-through sales numbers. They don't do it for Xbox Live Gold. They don't do it for software revenue, or hardware revenue. No, they lump
ALL of those together into total division revenue, then use sometimes-questionable percentages to give a "hint" at those individual parts of the gaming business.
And why is that? This is something regulators should be asking, and pressing Microsoft on. If they "need" ABK and COD so badly, let the numbers tell them way. If they aren't willing to share those with regulators, then why aren't they? Are they afraid it might lead to an audit? Are ABK afraid to give
their full numbers over for review, for a similar situation? Like I said, if Microsoft are saying there's no intent to sell COD in order to acquire ABK, then they are basically saying they need full ownership in order to bring it to "more gamers" (i.e Nintendo and Nvidia gamers).
Meaning they should have data to show that their owning ABK & COD is a requirement for such, so can't they share that data with regulators to make a more definitive case? Something tells me they can't, because they don't have any data supporting the notion