Beautiful Virgin Islands

Sunday, Sep 15, 2024

Explainer: What next for Microsoft's $69 billion Activision deal after UK ban?

Explainer: What next for Microsoft's $69 billion Activision deal after UK ban?

Britain's Competition and Markets Authority (CMA) on Wednesday blocked Microsoft's (MSFT.O) $69 billion acquisition of 'Call of Duty' maker Activision Blizzard (ATVI.O) over concerns it would hinder cloud gaming.

The ruling was a shock after the regulator had already resolved its concerns about the consoles market, a sector dominated by Sony's PlayStation and Microsoft's Xbox, which dwarfs cloud gaming.


IS THE DEAL DEAD?


Not necessarily. Microsoft said it remained fully committed and would appeal.

The regulator's decision reflected a flawed understanding of the market, it said.


HOW DOES THE APPEAL PROCESS WORK?


Microsoft can appeal to Britain's Competition Appeal Tribunal (CAT), an independent judicial body, which will only examine the CMA's decision-making process, not the merits of the merger.

Microsoft will not be able to offer new remedies at this stage, such as offering to keep Activision content off its Xbox Game Pass, a subscription service for Xbox users, in Britain, as some analysts suggest.

"The CAT will not engage with the merits of the CMA's decision or conduct a wholesale review of the parties' evidence," said Edward Lane, senior associate at law firm Harbottle & Lewis, where his particular focus is on creative industries, including film, TV, video games and music.


WHAT'S NEXT?


Microsoft must appeal by May 24 and a decision may take many months.

"The CAT aims to deal with 'straightforward' cases in under nine months – and Microsoft/Activision is anything but straightforward," Lane, said.


WHAT HAPPENS IF MICROSOFT WINS?


The Tribunal will return the case to the regulator for further review. Microsoft can then offer new concessions.

"The likelihood is that without a material change in circumstances or new evidence, the CMA is most likely to reach the same conclusion as it did first time around," said James Groves, a competition associate at European law firm Fieldfisher.


WHAT ABOUT OTHER REGULATORS?


European regulators will rule on the world's biggest gaming deal by May 22. The U.S. Federal Trade Commission filed a complaint to block the deal, which Microsoft has indicated it will fight.

If either of those blocks the deal, it could be game over, Lane said.

If the EU goes against it, Microsoft would be fighting an increasingly uphill battle and could decide to cut its losses, even if that would mean paying Activision a hefty $3 billion break fee.


WHAT HAS HAPPENED TO OTHER CMA APPEALS?


Facebook-owner Meta (META.O) appealed a 2021 decision by the CMA to block its acquisition of Giphy, seen as a test case for the British regulator's resolve to take on "Big Tech".

Meta succeeded on a single procedural ground, with the decision otherwise upheld. The CMA considered new submissions, but it came to the same view and Meta had to sell animated images platform Giphy.

Global financial services company FNZ appealed a block on its 2019 merger with rival GBST. The regulator then "identified certain potential errors" in its investigation chaired by Martin Coleman, who also oversaw the Microsoft-Activision case.

The CAT sent the case back to be reconsidered, and the CMA agreed to accept a new remedy whereby FNZ could sell GBST and then buy parts of it back.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Switzerland Unveils Alps, a High-Speed Supercomputer for AI
Hong Kong Criticizes UK Lawyers for UN Appeal on Behalf of Jimmy Lai
Keir Starmer Accused of Breaking Rules Over Party Donor Gifts
Poorest Families in UK Forced to Sleep on Floors Due to Lack of Beds
Ed Davey Urges Immediate NHS Investment
Staff Overwhelmed Due to New Child-to-Staff Ratio Rules in English Nurseries
US and UK Alarmed Over Potential Iran-Russia Nuclear Collaboration
Father Convicted of Rape Stripped of Parental Responsibility
Van Gogh's 'Sunflowers' Series Displayed Together for the First Time in London
Queen Elizabeth II Statue Sparks Debate in Northern Ireland
Prince Harry Turns 40 Amid Royal Family Estrangement
British Policing Minister's Bag Stolen at Police Conference
UK To Implement Junk Food Ad Ban to Combat Childhood Obesity
UK Prime Minister Keir Starmer Visits US for Talks with President Biden
‘Living Nostradamus’ Fulfills Four Predictions, Foresees More Events
AI's Role in Changing Belief in Conspiracy Theories
Russia and Ukraine Exchange 206 Prisoners in UAE-Brokered Deal
Gisele Pelicot: From Survivor to Feminist Icon
Royal Navy's First 'Narco-Sub' Drug Seizure in the Caribbean
Northern Lights Illuminate Skies Over the UK
Citizens' Jury Supports Change in Assisted Dying Law
Russia Can End the War Now, Says PM as Putin Warns West
SpaceX Polaris Dawn Crew Makes History With First Private Spacewalk
Jon Bon Jovi Heroically Rescues Woman on Nashville Bridge
Fragmented EU Defence Industry Needs Urgent Coordination
Keir Starmer Accused of Concealing Impact of Winter Fuel Payment Cuts on Pensioners
Keir Starmer Urged to Publish Winter Fuel Payments Impact Assessment
Ex-CIA Officer Sentenced to 10 Years for Espionage
UK Economy Stalls for Second Consecutive Month
Downing Street to Begin Search for New Cabinet Secretary
UK Government Introduces Bill to Ban Rental Bidding Wars
Scottish Opposition Questions Cuts to Free School Meals and Rail Fares
NHS Delays in England Cause Thousands of Unnecessary Deaths, Inquiry Reveals
NHS Restricts Obesity Services across England, Investigates BMJ
Bill Gates Warns of Imminent Threats: War and Pandemics
Over One Million UK Carers Living in Poverty
Equitable Future Threatened by Climate Crisis and Consumerism
Calls for Inclusive and Diverse Stories in UK English Curriculum
UK Government Confirms £500m Subsidy for Tata Steel
Chancellor Rachel Reeves Warns of Tough Budget Ahead
Unions Fear Labour's Net Zero Plans Will Cost Jobs
PM to Address Critical NHS Report Demanding Reforms
Kamala Harris Wins Post-Debate Survey Against Donald Trump
Impact and Aftermath of 9/11 Attacks on the US and the World
Iran Denies Missile Deliveries to Russia Amid New Sanctions
Kamala Harris Claims to Own Guns, Denies Supporting Mandatory Buyback—Yet Said the Opposite Weeks Ago
Outrage in Uxbridge: 12 Police Officers Arrest Woman Over a Sandwich, Then Arrest Bystander for Swearing
Polaris Dawn: Historic Private Spacewalk Initiated
Sir Paul Marshall Acquires The Spectator for £100 Million
Neighbours Criticise Germany Over Extended Border Controls
×