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Microsoft / Activision Deal Approval Watch |OT| (MS/ABK close)

Do you believe the deal will be approved?


  • Total voters
    886
  • Poll closed .
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Astray

Member
I know it’s probably because they’re one of the major opponents regarding this deal but I still don’t see the logic behind Sony having to provide data requested by Microsoft in this context. Seems a bit backwards. I assume FTC already has data on MS third party deals, only it’s not publically available.
Due process requires it because in this court, MS are the ones defending themselves from the FTC complaint.

FTC will likely subpoena MS and a host of others as well, we will see dirt come out from all sides.
 

Lasha

Member
Hmmm I don't see how this will move the needle either way. Microsoft has just as many 3rd party deals. It will literally just create a stalemate.

All Sony lawyers have to do is ask if their competition has bought any large publishers lately. Checkmate! (Okay this part was a joke)


Sony loses credibility if any of the arguments include language blocking games from releasing on gamepass like Microsoft alleges. The FTC will see the financials of exclusivity deals as well. If Sony is paying less for exclusivity than Xbox then it supports Microsoft's accusations that Sony is leveraging it's lead in anti competitive ways.
 

adamsapple

Or is it just one of Phil's balls in my throat?
We need an expert to answer that. adamsapple adamsapple ?

I will defer to FoxMcChief FoxMcChief for first hand knowledge.


Negative Activision juju:
KnSFUJO.png


Positive XBOX juju needed to counteract 🤡

bDk5O3U.png



Negative juju

z3ft2IE.png



Positive counteract

cl5DeIJ.png
 
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Hendrick's

If only my penis was as big as my GamerScore!
If the CMA blocks the deal is dead regardless, we would see Microsoft announcing withdrawal blaming regulators who couldn't see the amazing benefits of the acquisition and the evil Sony who misguided them :messenger_grinning_sweat:
All truths. But it feels like this deal is indeed going through. The CMA would not be holding all these "talks" if they just planned to kill it outright. COD will remain multiplatform and probably have a cloud parity clause, but it really feels they are merely working out the details at this point.
 

Ogbert

Member
So Microsoft is the one doing the potentially anti-competitive thing yet Sony need to disclose their agreements.

Odd world.
Well, not really; if evidence indicates that Sony is doing exactly the same thing.

As others have suggested, as long as their documents are in order, this shouldn’t amount to much. But if a company is going to complain about the state of the industry, it’s hardly surprising if other entities in the industry suggests that company might have had something to do with it.
 

Quasicat

Member
My mom was a paralegal for 30+ years and I discuss this case with her occasionally. The big thing that may win this for Microsoft is Sony’s market share being so much larger than Microsoft. The FTC is looking into exclusive 3rd party deals, because at some point Microsoft had to have said that these contracts are what’s leading to their dominance in the marketplace. I’m more interested to see where Sony goes regardless of this going through…I know they have said that they’re not done with their buying spree yet.
 

Topher

Identifies as young
All truths. But it feels like this deal is indeed going through. The CMA would not be holding all these "talks" if they just planned to kill it outright. COD will remain multiplatform and probably have a cloud parity clause, but it really feels they are merely working out the details at this point.

Divestiture is still on the table as far as CMA is concerned although Microsoft has said they are not interested in that. We have no idea how apart the two sides are.

What "cloud parity clause"?
 

Elios83

Member
All truths. But it feels like this deal is indeed going through. The CMA would not be holding all these "talks" if they just planned to kill it outright. COD will remain multiplatform and probably have a cloud parity clause, but it really feels they are merely working out the details at this point.
It definetly doesn’t feel anything like that, CMA has already clearly stated that they want Microsoft to divest COD or the deal will be blocked.
Microsoft isn't willing to do that, the best they can offer is 10 years deals.
It's way way far from what the CMA is asking.
All these "talks" are a normal part of the decisional process and they are to investigate if Microsoft is willing to accept the proposed remedies which they won't otherwise the deal is pointless to them.
 

jm89

Member
All truths. But it feels like this deal is indeed going through. The CMA would not be holding all these "talks" if they just planned to kill it outright. COD will remain multiplatform and probably have a cloud parity clause, but it really feels they are merely working out the details at this point.
Well they weren't planning on killing it outright, they offered microsoft structural remedies, which microsoft seem to be having a fit over.
 
My mom was a paralegal for 30+ years and I discuss this case with her occasionally. The big thing that may win this for Microsoft is Sony’s market share being so much larger than Microsoft. The FTC is looking into exclusive 3rd party deals, because at some point Microsoft had to have said that these contracts are what’s leading to their dominance in the marketplace. I’m more interested to see where Sony goes regardless of this going through…I know they have said that they’re not done with their buying spree yet.
Then in reality it shouldn't be about the share that Sony majority holds it should be the the fact that Microsoft having to have 2 publishers giving them large size studios compared to Nintendo and Sony. Giving Microsoft major Ips to make it there own exclusive to there own platform and as for Call of Duty Sony won't be making money or be greedy Microsoft that end up with all the sales and profits it's not hard for publisher to say we stick it on this and that
 
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Unknown?

Member
Sony loses credibility if any of the arguments include language blocking games from releasing on gamepass like Microsoft alleges. The FTC will see the financials of exclusivity deals as well. If Sony is paying less for exclusivity than Xbox then it supports Microsoft's accusations that Sony is leveraging it's lead in anti competitive ways.
How though? Microsoft deals keep it off of competing services to game pass as well.
 
This isn't really the win most think it is. MS wanted everything from 2012 to today. They are only getting 2019 to today.
They also wanted performance reviews. That was thrown out.

Imagine being the only one lobbying to block a deal that doesnt involve you in any way and it backfiring so spectacularly youre forced to reveal a part of your internal documents to your biggest rival.

Nice to see bullies getting pushback. Good riddance.

Nothing to do with them? lol
 

jm89

Member
If the CMA blocks the deal is dead regardless, we would see Microsoft announcing withdrawal blaming regulators who couldn't see the amazing benefits of the acquisition and the evil Sony who misguided them :messenger_grinning_sweat:
Yeah they've already started throwing shade at the CMA.

This is what they said in a recent mlex update posted by idas

MS says that "The decision now lies with the CMA on whether it will block this deal and protect Sony, the dominant market leader, or consider solutions that make more games available to more players".

And then add to that microsoft publically rejecting the CMAs preferred option of structural remedies. Can't imagine CMA being very happy being pressured by a big tech company.
 
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DonkeyPunchJr

World’s Biggest Weeb
So Microsoft is the one doing the potentially anti-competitive thing yet Sony need to disclose their agreements.

Odd world.
It’s their job to hear arguments and gather evidence from all sides and evaluate it.

What do you want, FTC to be like “I read on a message board that MS are the bad guys, so we don’t need to investigate any of these allegations about Sony”
 

Ar¢tos

Member
Sony loses credibility if any of the arguments include language blocking games from releasing on gamepass like Microsoft alleges. The FTC will see the financials of exclusivity deals as well. If Sony is paying less for exclusivity than Xbox then it supports Microsoft's accusations that Sony is leveraging it's lead in anti competitive ways.
The bigger the install base, the less they have to pay for exclusivity, it's simple math and regulators know that, there is nothing illegal about it.
 
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Kilau

Member
Due process requires it because in this court, MS are the ones defending themselves from the FTC complaint.

FTC will likely subpoena MS and a host of others as well, we will see dirt come out from all sides.
So does the FTC have no complaint without Sony?

Anyway, bring on the leaks.
 

Hendrick's

If only my penis was as big as my GamerScore!
What "cloud parity clause"?
Isn't this the real concern? That in the cloud gaming future, MS could use COD to dominate the conversation. No one actually thinks they plan to try to make COD platform exclusive, but rather service exclusive. Could also be a something related to subscription services as well, but I get the sense that Sony and the regulators mostly fear MS potential cloud dominance.
 

pasterpl

Member
Eh.....that ain't that impressive when you laid off 10k a month later.

Just Sayin GIF by MOODMAN


That 10k looks bad on its own, but then you look at what % was it of their total workforce and how their workforce grew in recent years.
Microsoft total number of employees in 2022 was 221,000, a 22.1% increase from 2021.
Microsoft total number of employees in 2021 was 181,000, a 11.04% increase from 2020.
Microsoft total number of employees in 2020 was 163,000, a 13.19% increase from 2019.
Microsoft total number of employees in 2019 was 144,000, a 9.92% increase from 2018.

Then you look at the fact that big tech sacked 150k in recent months and that 10k doesn’t look that bad (anyone losing their job is bad, but we are discussing overall thing).


I haven’t seen you criticising Google, Meta, Twitter because of their layoffs? Have you stopped shopping on Amazon as response to them letting people go? It is obviously matter that you care about or it only relevant in case of MS?
 
I know it’s probably because they’re one of the major opponents regarding this deal but I still don’t see the logic behind Sony having to provide data requested by Microsoft in this context. Seems a bit backwards. I assume FTC already has data on MS third party deals, only it’s not publically available.
Microsoft trying use the old, “See they started it” argument.
 
Yeah they've already started throwing shade at the CMA.

This is what they said in a recent mlex update posted by idas



And then add to that microsoft publically rejecting the CMAs preferred option of structural remedies. Can't imagine CMA being very happy being pressured by a big tech company.
I saw a photo of a PS controller saying "nothing is given everything is earned".

is getting nastier and nastier
 

adamsapple

Or is it just one of Phil's balls in my throat?
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Ogbert

Member
You realize MS did the exact same thing in the first years of the ps3/360 gen?
Er, sure. I imagine they did. But the market was much more evenly split at that point.

It’s an odd approach from Sony as they are the party that has the significant position of dominance. Much more than MS has ever enjoyed.
 

DryvBy

Member
How though? Microsoft deals keep it off of competing services to game pass as well.

Here's a couple of problems. Most of the deals (which I don't agree with either) are temporary. Some of the deals are partnerships that create new IPs (see: Bloodborne). Some deals are assumed to be deals that are similar to the Bayonetta 2 and 3 deal with Nintendo.

The second big problem: does Microsoft have deals or buy up larger quantity of games to keep off of Sony. They recently bought an entire publisher to do this and are trying to do this again. This isn't even remotely comparable to keeping a single game off of a platform, which again I hope this ends too.

The reason Microsoft is in 3rd place is not due to Sony keeping a couple of games off of a platform, because they do this in huge quantities and have been since ethe 360 era (maybe longer but that's when it was really bad for both). Their problem is they have Phil Spencer and a horrible group of management that does the "hello fellow gamers" and has their fanbase think they're struggling due to big corporate bullies out there. They have more studios than Nintendo and Sony yet produce less content. And when Microsoft can't win, they have a tendency to buy competition than compete.

If they're allowed to buy up yet another publisher this time, what's to stop them in 2 more years buying up yet another publisher? Are the same people cheering this on going to cheer on another big deal? Yes. Because they don't care if they feel it makes their team win.

Edit: grammar
 
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Mr.Phoenix

Member
Yes, in commercial terms.

But, in legal terms, underpaying due to your larger install base could demonstrate evidence of anti-competitive behaviour.

Depends how aggressive they were in negotiations.
No such thing as underpaying. Negotiations of such deals are made primarily with your market shares the main factor. Prices are set based on what the publisher stands to gain vs what they stand to lose. Its on the platform holder to establish their platform in such a way that they can make such deals. Sony's market share is as a result of its investment in first-party IPs. Something MS could have done too.

The only way there are legal consequences is if you are outright threatening to not allow a game be on your platform its on another platform. If however, you are willing to pay for that for any duration of time, then its ok.

This is something EVERYONE does, streaming services, broadcast companies, stores... even mobile phone carriers.
 
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