Activision (ABK)

What IP Should MS/ABK Bring Back?


  • Total voters
    15
what is with these people, it is clear as day.

Sony has a business that works for them for so many years and they also have this model clamped down. MS can't get through with SONY hitting everything, after all, they masted the exclusive to their system, which is an old model that works for them.

MS looks at it from a different approach and decided to do a subscription model that works great for Xbox live and now GamePass with cloud service. Sony doesn't want MS to leave the old model because they don't have the infrastructure to do what MS can do and the service is already a big hit. This is a huge disadvantage for SONY (that is a SONY problem), where they feel if MS keeps buying then their money to get the gets exclusive will be pointless and see more players get attached to the GamePass service.

MS changed the game and SONY wants to keep things the same so they can stay on top. MS just went a different direction with a new business model and SONY now can't bully anyone else.
 
  • Agree
Reactions: Mcmasters
From the lawyer

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MLex has a new report, a bit speculative, about how the CMA and the EC maybe don't see eye-to-eye on the use of ABK's games to harm competition between operating systems.

They say that Google was likely the one pushing for that argument but that the CMA does not think it is credible, according to the PF. However, back in November 2022 the EC thought that MS could reduce the ability of rival providers of PC operating systems to compete with Windows by combining ABK's games and MS' distribution of games via cloud.

Mlex says that the Statement of Objections is still confidential, therefore no one knows (beyond MS/ABK) where the CMA and EC concur or parts ways yet.

That's why they wonder if the EC is still concerned about the Windows issues. If that's the case, they believe that MS will be quick to point them to the CMA conclusions.

I seriously doubt that the EC is going to be concerned about Windows, but who knows.
 
From the lawyer

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On the other hand, NEXT KEY DATES:

- February 22nd 2023: last day to respond to the remedies proposed by the CMA.

- March 1st 2023: last day to respond to the provisional findings from the CMA.

- Early March 2023: the cut-off point to offer remedies to the EC.

- Late March 2023: responses to the provisional findings and remedies from the CMA will be likely published.

- April 11th 2023: final decision from the EC.

- April 12th 2023: motion for a preliminary injunction on the gamers' lawsuit.

- April 18th 2023: second extension of the original outside date. If MS quits by that date they have to pay a termination fee of $2,500,000,000; if they don't, the outside date gets extended until July 18th 2023.

- April 26th 2023: final report and remedies from the CMA.

- April 28th 2023: decision from New Zealand.

- April - May 2023: decision from the SAMR in China.

- July 18th 2023: The end of the second extension and final outside date in the merger agreement. If MS quits by that date they have to pay a termination fee of $3,000,000,000; if they don't, they'll have to renegotiate the outside date with ABK.

- August 2nd 2023: beginning of the FTC in-house trial.

- Early 2024: decision from the FTC administrative law judge.

- Anything beyond that: unknown

I don't think that we are getting any new documents until the end of March, when the responses to PF and remedies from MS, ABK, Sony and more interested parties should be published by the CMA

Until then, press reports should be the main source of information :p

Working on special posts about access remedies in recent history and realistic divestment options according to similar cases. But I still have to read the new +350 pages of documents
 
I think we need more details. Like those switching, are they selling their ps5s for an Xbox? I’m pretty sure most would keep theirs, I could be wrong.
This deal is about so much more than just the acquisition of ABK for some. It's clearly about hidden agendas and political brownie points for the most part. f***ing shame, man.
Don’t know if accurate…


Bro. There gone be some hurt feelings when this deal passes through.
 
From the lawyer

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The witness part of the FTC case is slowly progressing: today the proposition for the protocol governing the remote depositions was published.

In any case, still months to go before we know the full witness list.

This week we should have some news about the subpoenas from the FTC to Sony (Feb 15th), the one from ABK to Nintendo (Feb 16th) and the one from MS to Google (Feb 17th).
 
The European commission wants a private hearing with MS and Activision on the 21st.

Sony to attend.
 
  • Informative
Reactions: karmakid
Who’s near there, can we send Swede or starseeker as our correspondent? :)

The European commission wants a private hearing with MS and Activision on the 21st.

Sony to attend.

From the lawyer

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New report from MLex:

- Microsoft will make the case for the acquisition in Europe at a closed-door hearing in Brussels next week.

- The hearing will take place on Tuesday, Feb. 21.

- Company executives and lawyers will face off with the commission's case team at the hearing, which also attended by a broader audience of commission officials and representatives from the bloc's national competition watchdogs.

- Customers and rivals can also ask to attend; Sony is expected to be there.

- The hearing allows companies to reinforce the points they will have made in their written responses. The EC and other market players will also express their views.

Still nothing about the content of the SO 😬
 
  • Haha
Reactions: Swede
From the lawyer

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Activision ticked up 0.3% amid speculation that the company may have hired Morgan Stanley for activism defense.

Morgan Stanley went restricted on Activision last week and it's unclear why it did so. Traders were talking about the MS restriction yesterday as well as a meeting that the Activision chief financial officer had in Boston with investors, likely contributing to ATVI's 1.5% gain on Monday.

There's some speculation that potentially the bank was hired for activism defense, CNBC's David Faber said on the business network on Tuesday. He said activist Elliott has been mentioned as a possible name. Faber explained that an activist could be involved to push the videogame behemoth to use their cash if the deal with Microsoft is blocked by regulators.

The Activision CFO told investors on Monday that the company could use its cash for a dividend, buybacks or even mergers & acquisitions, according to CNBC's Faber.

Faber also said there remains a "glimmer" of hope that Activision/Microsoft could potentially allay the UK antitrust regulator's concerns by agreeing to sell a division or possibly reaching a deal with Sony, though he said both scenarios appear unlikely.


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There are different reasons to hire an activism defense team on M&A, among others: 1) because you are going to change the terms of a deal already announced 2) because you are going to divest assets to a third company or 3) because you are going to “de-merge” a previously announced deal.

When something like that happens you are going to get a lot of unhappy shareholders. :p So, you need to defend from different legal tactics that they’ll use to abort the change that you are making to the original plan.

Maybe it’s just a backup plan, but if true, it’s an interesting development...
 
Who’s near there, can we send Swede or starseeker as our correspondent? :)



From the lawyer

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New report from MLex:

- Microsoft will make the case for the acquisition in Europe at a closed-door hearing in Brussels next week.

- The hearing will take place on Tuesday, Feb. 21.

- Company executives and lawyers will face off with the commission's case team at the hearing, which also attended by a broader audience of commission officials and representatives from the bloc's national competition watchdogs.

- Customers and rivals can also ask to attend; Sony is expected to be there.

- The hearing allows companies to reinforce the points they will have made in their written responses. The EC and other market players will also express their views.

Still nothing about the content of the SO 😬
I am small fly. that whine , joke, & troll on Internet. Beside I am too honest to be a politican. Which is also why my inspiration to be a lawyer end pretty soon.
 
  • Hmm
Reactions: Swede

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Microsoft is expected to offer remedies after the hearing.