From FT.com / Financial Times
Why Microsoft's Activision Blizzard deal could be on its last life
Why Microsoft's Activision Blizzard deal could be on its last life
Microsoft and Activision said they would fight the decision — but is it really worth it?
One lawyer told DD that the companies face an uphill battle in appealing against the CMA's ruling; its decisions are rarely overturned. Another described it as "pointless" and "time consuming".
If they were to go down this route (while still facing separate probes in Washington and Brussels) they would go past the so-called drop dead date when the parties must close the transaction. Several traders we spoke to said it was likely Activision was going to demand a higher price from Microsoft to extend the deadline to keep the merger agreement from expiring.
But do either of the parties still need, or indeed, want a deal? Activision agreed to sell itself following allegations of widespread gender-based discrimination and harassment, which weighed on its shares and created the perfect opportunity for Microsoft to swoop in.
The company is in a stronger place since then and has the earnings to prove it.
As for Microsoft, which also reported strong first-quarter results on Tuesday, it appears to be more of a want than a need, particularly after its well-timed investment in OpenAI-owned ChatGPT earlier this year.
Shares in the company were up more than 7 per cent following the CMA's announcement, indicating that shareholders are happy to leave the deal on the table.
Whatever happens, the saga suggests the CMA will continue flexing its broad intervention powers going forward, further damping the outlook for cross-border M&A.
"We hear very clearly that acquirers are not announcing deals because they are worried about getting blocked by the unappealable CMA," one merger arb investor told DD.
A clear winner should the deal fall apart is rival Sony, whose PlayStation consoles would no longer be at risk of limited access to Call of Duty and other Activision titles, and whose share price had already begun to feel the pressure of consolidation in the entertainment world.