Activision (ABK)

What IP Should MS/ABK Bring Back?


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The concession is just the thing they said they were going to do from the start.

Yea but the concession went from "3 years after the current contract ends" to "as long as there is a playstation around" to "another 10 years" so once everything's signed and agreed upon we'll actually know what deal went through.
 
Yea but the concession went from "3 years after the current contract ends" to "as long as there is a playstation around" to "another 10 years" so once everything's signed and agreed upon we'll actually know what deal went through.

It’s just in writing, but they have been publicly stating they are not removing COD from Sony platforms.
 
10 years takes us to 2033, likely nearing the end or at least midway into the PS6 lifecycle. Sony refuses to comment on the 10 year offer - they don't care about a concession. They want the whole deal blocked.
 
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It’s been updated…


The deal has been cleared unconditionally in Brazil, Saudi Arabia and Serbia.
 
Indefinitely borrowed the statements below…

————————————————————————————————————————————

The decision from Serbia is available here.

A few translated quotes:

When assessing the effects of the concentration, the Commission took into account that there is a vertical relationship between the participants in the concentration. Namely, Microsoft offers Xbox consoles for video games and the Surface series of personal computers (on the wholesale market of video game hardware), while the target company publishes video games that are played, among other things, on the aforementioned devices distributed by the applicant. The Commission assesses that the concentration will not
have negative vertical effects either, bearing in mind that, according to the information in the application, Microsoft did not sell Xbox consoles in Serbia, and that the market shares of the participants in the concentration on the video game publishing market individually and collectively.

The application states that globally in 2021 , the applicant achieved a market share of / 10-20/% in the wholesale hardware (console) market for video games, while the competitor with the largest market share in the wholesale hardware (console) market for video games company Nintendo Co. Ltd (Nintendo) with /40-50/% market share. Sony Group Corporation (Sony) is the second largest competitor with /30-40/% market share in 2021 on the observed market. Accordingly, the applicant considers that there are no prospects that there will be any vertical effects of the concentration in question, which prevent or limit competition. In this regard, the applicant stated that Microsoft has publicly committed that Activision Blizzard content will continue to be available on competing consoles (Sony and Nintendo). It was also stated that the participants in the concentration do not have the necessary market power to implement the strategy of preventing or limiting the access of competition. While Activision&Blizzard publishes certain franchises for popular games (such as Call of Duty), Microsoft would not be able to prevent competing distributors of video games for consoles by refusing to put their games on
competing consoles or by worsening the conditions under which those games would be available. Activision Blizzard's content has a very limited position in the upmarket.

Taking into account all of the above, the Commission stated that the concentration in question will not harm competition in the relevant markets, assessing that there are no concerns regarding any criteria for assessing the permissibility of the concentration from Art. 19 of the Law, so it was decided as in paragraph I of the enacting clause of this decision.


Nothing really interesting beyond:

- The relevant markets being Video game publishing market, Video game digital distribution market and Online multimedia advertising market.
- ABK does not operate in Serbia, MS does (althoug Xbox is not sold there)
- Electronic Arts, Valve, Tencent, Nintendo and Ubisoft are the main players in the publishing market in Serbia
 


A Swedish state-run pension fund sued Activision Blizzard Inc. and Microsoft Corp., claiming their planned $69 billion merger was rigged to exploit the beleaguered gaming giant's sexual harassment crisis and protect its CEO.

The 205-page complaint also targets embattled Activision chief Bobby Kotick, plus current and ex-members of its board. It accuses them of engineering an underpriced deal in exchange for terms allowing Kotick to stay at the helm, at least until the transaction closes after a drawn-out regulatory review.

Knowing Activision and Kotick were "weak and wounded," Microsoft used the leverage created by the scandal to acquire Activision "at a bargain price," at an inopportune time, and following a sham process, according to the proposed class action. It was made public Nov. 10 in Delaware's Chancery Court.

"Microsoft knowingly exploited the harassment scandal and its commercial leverage over Activision precisely to offer Kotick a way to save his own skin," the lawsuit says. "It conspired with Kotick and the board to help them evade the personal and professional consequences of that scandal."

Joe Christinat, a spokesman for Activision, defended the transaction Monday.

"This is a great deal for shareholders," Christinat told Bloomberg Law. "We garnered 98% approval of votes cast. The board went through a thorough process to decide the right move for employees, shareholders, and players."

A spokesperson for Microsoft told Bloomberg Law in a statement that "our proposed acquisition of Activision Blizzard was negotiated lawfully and fairly."

'Frat House' Culture Claims​

According to the partly redacted complaint, the deal was negotiated by Kotick, who was seeking a way to avoid liability for the years he spent presiding over a toxic, "frat house" culture at Activision. It has faced a tidal wave of legal and regulatory problems over the scandal's fallout.

Kotick is allegedly one of the few senior executives directly involved in the crisis who has managed to ride it out as a wave of firings eliminated the others, including some he had previously protected.

By letting him take the lead, the board "placed loyalty to Kotick above loyalty to Activision and the Activision stockholders," the suit says. "Apparently, the buck stopped with everyone except Kotick and the board."

The "hastily negotiated" transaction would allegedly help Kotick dodge accountability in several crucial ways: by potentially letting him remain on the job, strengthening his corporate indemnification shield, extinguishing existing shareholder derivative claims, and handing him a $400 million payout.

Microsoft, meanwhile, has admitted that it performed due diligence on the deal, meaning the company "had full knowledge of the scandal the merger would help cover up," according to the complaint.

Although Activision investors approved the transaction in April, they weren't shown certain critical deal details before the vote, the suit says. That would make consummation of the merger—which is still awaiting antitrust clearance—a violation of Delaware corporate laws, according to the complaint.

The suit was originally filed under seal Nov. 3 by Sjunde AP-Fonden—operating as "AP7"—a private equity-style asset manager owned by Sweden's government that holds Activision stock.
 
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A Swedish state-run pension fund sued Activision Blizzard Inc. and Microsoft Corp., claiming their planned $69 billion merger was rigged to exploit the beleaguered gaming giant's sexual harassment crisis and protect its CEO.

The 205-page complaint also targets embattled Activision chief Bobby Kotick, plus current and ex-members of its board. It accuses them of engineering an underpriced deal in exchange for terms allowing Kotick to stay at the helm, at least until the transaction closes after a drawn-out regulatory review.

Knowing Activision and Kotick were "weak and wounded," Microsoft used the leverage created by the scandal to acquire Activision "at a bargain price," at an inopportune time, and following a sham process, according to the proposed class action. It was made public Nov. 10 in Delaware's Chancery Court.

"Microsoft knowingly exploited the harassment scandal and its commercial leverage over Activision precisely to offer Kotick a way to save his own skin," the lawsuit says. "It conspired with Kotick and the board to help them evade the personal and professional consequences of that scandal."

Joe Christinat, a spokesman for Activision, defended the transaction Monday.

"This is a great deal for shareholders," Christinat told Bloomberg Law. "We garnered 98% approval of votes cast. The board went through a thorough process to decide the right move for employees, shareholders, and players."

A spokesperson for Microsoft told Bloomberg Law in a statement that "our proposed acquisition of Activision Blizzard was negotiated lawfully and fairly."

'Frat House' Culture Claims​

According to the partly redacted complaint, the deal was negotiated by Kotick, who was seeking a way to avoid liability for the years he spent presiding over a toxic, "frat house" culture at Activision. It has faced a tidal wave of legal and regulatory problems over the scandal's fallout.

Kotick is allegedly one of the few senior executives directly involved in the crisis who has managed to ride it out as a wave of firings eliminated the others, including some he had previously protected.

By letting him take the lead, the board "placed loyalty to Kotick above loyalty to Activision and the Activision stockholders," the suit says. "Apparently, the buck stopped with everyone except Kotick and the board."

The "hastily negotiated" transaction would allegedly help Kotick dodge accountability in several crucial ways: by potentially letting him remain on the job, strengthening his corporate indemnification shield, extinguishing existing shareholder derivative claims, and handing him a $400 million payout.

Microsoft, meanwhile, has admitted that it performed due diligence on the deal, meaning the company "had full knowledge of the scandal the merger would help cover up," according to the complaint.

Although Activision investors approved the transaction in April, they weren't shown certain critical deal details before the vote, the suit says. That would make consummation of the merger—which is still awaiting antitrust clearance—a violation of Delaware corporate laws, according to the complaint.

The suit was originally filed under seal Nov. 3 by Sjunde AP-Fonden—operating as "AP7"—a private equity-style asset manager owned by Sweden's government that holds Activision stock.

I 100 percent think that MS took advantage of the damaged reputation of AVB to get a deal on the sale. Smart business timing. I do not however think they did it to save Bobby Koticks ass.
 


(Quote below from elsewhere)

If Sony is far from signing, then this timeline was probably saying that the negotiation failed and MS wants to fast track an approval with the EC to pressure the CMA and specially have a better position against the FTC if they sue:

- MS rejected offering remedies to the European Commission (EC) on October 28th

- The EC opened Phase 2 on November 8th

- According to the NYT, on November 10th MS offered Sony the 10 year agreement

- On November 18th, the EC delays the deadline for Phase 2 fifteen days (that delay was requested by MS because it was done under article 10(3)2)

- On November 23rd, Politico says that the FTC will likely sue (although MS probably knew since mid October)

- On the weekend of November 26-27th, MS and Sony meet to talk about the 10 year agreement (according to DealReporter)

- On November 28th (the day after the meeting between MS and Sony), Reuters says that MS will offer the 10 year remedy to the EC
 

Separately, China's antitrust regulator is said to have accepted Activision's (ATVI) filing with the authority on its planned sale to Microsoft (NASDAQ:MSFT), according to traders, who cited a report that's being circulated. Last month, there were reports that the agency had rejected MSFT's request for a "simplified" filing.
 
So if I’m right, MSFT might be asked (or might offer) to make future versions of Fallout, Elder Scrolls, Diablo, Doom, etc. available on PS.


LOL!! That ain’t happening. Those are first party games. That would be like forcing Sony to put Spider-Man, Gran Turismo, God of War etc on Xbox.

f***ing Pachter.
 
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Hilarious that people think MS should have to do what other companies want in regards to Bethesda.

MS made it perfectly clear some games would be exclusive.
Sony can cry all they want, they wanted Starfield exclusive for a year.
 
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Hilarious that people think MS should have to do what other companies want in regards to Bethesda.

MS made it perfectly clear some games would be exclusive.
Sony can cry all they want, they wanted Starfield exclusive for a year.
I wonder why Starfield ended up not being exclusive to PS for a year.
 

A few months after Microsoft announced plans to acquire the video game maker Activision Blizzard, the tech giant said it would remain neutral if Activision workers sought to unionize once the deal went through. Now, a major union is testing Microsoft's appetite for organizing at a company it already owns.

A group of more than 300 employees at ZeniMax Media, a Maryland-based video game maker owned by Microsoft, has begun voting on whether to form the company's only union in the United States.

The vote, among quality assurance employees at ZeniMax, which includes prominent studios like Bethesda Game Studios, is taking place under an informal agreement in which Microsoft is staying neutral. Workers can sign a union authorization card, as some began doing last month, or weigh in anonymously for or against unionization on an electronic platform that opened on Friday.

The process will conclude at the end of the month and is more efficient than a typical union election, which is overseen by the National Labor Relations Board and can involve legal wrangling over the terms of the election.

A Microsoft spokeswoman said that the organizing campaign was "an example of our labor principles in action" and that the company remained "committed to providing employees with an opportunity to freely and fairly make choices about their workplace representation."

The union campaign at Microsoft would affect Q.A. workers at several gaming studios that are a part of ZeniMax Media, including Bethesda, which makes hit franchises like The Elder Scrolls and Fallout.

Microsoft, which makes the Xbox series of consoles, acquired ZeniMax for $7.5 billion, a splashy pandemic purchase that helped it compete against rival Sony and its PlayStation consoles, as well as broaden the appeal of Xbox Game Pass, its video game subscription service. The deal closed last year.

The first new major, exclusive-to-Xbox game stemming from that purchase, Starfield, is expected to be released next year by Bethesda. Some of the workers who test it may do so as union members.

Other gaming industry Q.A. testers have echoed these points, citing crunch as a continuing problem and arguing that the industry gets away with paying them less because of the allure of its products and the idea that they should be happy to earn an income playing games. Workers say the mind-numbing process of repeatedly testing specific actions for glitches is far different from playing a game for fun.

Some ZeniMax workers also said they preferred more liberal policies on working from home, and they complained that the company's method of allocating training opportunities, additional responsibility and promotions was often arbitrary or opaque. They said they hoped a union would help create more transparent policies.

Andrés Vázquez, who has been based at a ZeniMax studio in the Dallas area for more than seven years, said he had yet to be promoted to the next job level, senior Q.A. tester, even though some co-workers who joined the company around the same time had been promoted beyond that level. Whenever he has raised the issue with managers or human resources officials, he said, "I get corporate lip service."

The Microsoft spokeswoman said the company was talking to employees to ensure that they were not taking on too much work, but she did not comment on the other concerns.

Still, the workers praised Microsoft for following through on its promise of neutrality. Unlike workers at Starbucks and Amazon, they say, they have not been summoned to meetings in which supervisors seek to dissuade them from unionizing, and they do not feel that the company has retaliated against them for trying to form a union. (Starbucks and Amazon have denied accusations of retaliation.)

"It's been an incredible weight lifted off our shoulders," said Autumn Mitchell, another Q.A. employee based in Maryland, who has worked on Starfield, the forthcoming game.
 
crSv010_d.webp
 
I 100 percent think that MS took advantage of the damaged reputation of AVB to get a deal on the sale. Smart business timing. I do not however think they did it to save Bobby Koticks ass.
Of course not, as soon as this is done they will kick Bob out on a moving Van.