I think people need to be prepared that this will be a big nothing burger from the CMA. If MS is so willing to jump back to the table even after winning the FTC case, it more than likely means the remedies are very light.
People keep mentioning partial divestiture. That might as well be true. You have to keep in mind that the CMA is interested in protecting the UK consumers. If MS decides to not publish these games in the UK, and transfer publishing rights to others, making them available to everyone there, they still win this.
They have the rest of the world to recoup the sales and nothing changes for them.
This won't turn out as good as some of you think.
This, more or less. I was even floating the idea of COD divestiture (but in a way where MS would retain some partial stake in the divested asset, and have publishing rights to that content for Xbox platforms), though it seems if that approach is taken, it will just be for the UK market.
In that sense, MS still make out more than well. They divest COD into some separate entity for the UK market that they can retain partial stake in, get publishing rights on Xbox, while Sony gets publishing rights on PlayStation and Nintendo on Switch, and the divested entity publishes on PC and mobile. Probably mixed in with the automatic free 10-year deal cloud licenses the EC have already proposed. Meanwhile MS retains full ABK ownership in the rest of the global markets (at the rate things are going). They would probably be more than fine with that arrangement of divestiture specific to the UK market then, all parties would.
It's not what I personally thought would happen, because I would have expected that divestiture to apply to other global markets. Maybe there is a slim chance that happens in America, which would probably piss MS off a ton (deservedly IMO), but that only happens if the FTC win their appeal, and I don't have a lot of confidence in that after the results of the PI hearing. But yeah, that's what I could see happening for the UK, and that would probably be well fine in MS's eyes and ABK's too.
Like you, I genuinely don't think this is going to change much in the trajectory of what we're seeing right now because as you said, the partial divestitures would only apply to the UK market. So it's a win for that market in terms of something that works and addresses some actual concerns, but I don't see it happening in any of the other markets that really matter (such as the U.S), sadly.
That's why I'm 100% not getting my hopes up; I also expect MS to try closing outside the UK before the 18th deadline, and just work out some divestiture options like mentioned above with the CMA over a month or so to get approval for closure in that market, too. I'd love to think this CMA news reignites the possibility of the deal being stopped for all other markets but there's just too much saying otherwise for me to honestly believe it at this point.
And if I were Sony, I'd start planning some serious moves under the expectation of MS closing the deal and looking towards targeting other 3P partners of mine, and stopping that from happening. And, well, we know what that's going to mean: some acquisitions (at the very least) from Sony themselves. Is what it is at this point.
I hope you're right.
Here's a quote from Idas on the other place though:
He seems to think it will close with local remedies only.
Hate to admit it but Idas is most likely correct on this. It sounds like localized partial divestiture/structural remedies for the UK market specifically. Which I'm guessing also means MS can just close the deal in other markets but hold off on the UK until this process is completed, which would still be in time for the holidays.
My only question is: since the original agreement required the UK approval by the 18th of this month, and even with these new talks it would extend well past the 18th, does Microsoft have to pay ABK the $3 billion or does renegotiation of the deal waive that since the deal as a whole isn't being ended, simply some terms changed? Or does the renegotiation count as a new deal, and the old one is void meaning MS still has to pay the $3 billion in theory?
I'm saying "in theory" because while ABK's shareholders could ask for a higher price, I don't think they will. Because if they stick to a similar premium, I think Microsoft would actually walk away from paying $100 billion or so for ABK, so the shareholders would effectively lose out on a guaranteed $66 billion for getting too greedy.
And that's "guaranteed" because the chances of the FTC winning the appeal are (IMO) very low (at least with the same lawyers they had for the PI hearing), almost all the other global markets have approved, the few holdouts are small enough to where I doubt MS or ABK would feel an impact if they simply decided not to officiate the acquisition in those markets (they operate as they currently do in them, basically),
AND the CMA seem more willing to accept local divestitures that I'm guessing still give some benefits to Microsoft (like partial ownership of the divested asset via partial stakes).
Just feels like there's too much now in Microsoft's favor for this deal to fall apart. I only hope Sony are making plans to do a couple of noteworthy acquisitions of their own, and pump some investment money as well as buy shares in many of the big AAA and AA 3P publishers. Don't make Microsoft's strategy easy for them; nerf it at its core if you have to.