Tag: Call of Duty

Microsoft’s $69 Billion Takeover of Call of Duty Maker Activision Gets US Green Light, UK’s CMA Softens Stance

Microsoft cleared major hurdles to its plan to buy videogame maker Activision Blizzard on Tuesday, after a US judge gave a thumbs-up to the $69 billion (roughly Rs. 5,65,480 crore) deal and a British regulator suggested it could reconsider its opposition.

Activision shares surged 10 percent on the day, as the US and Britain have been the two countries opposed to what would be Microsoft’s biggest deal ever and the largest transaction in the videogame industry’s history. Microsoft shares rose 64 cents to $332.47 (roughly Rs. 27,425).

US District Judge Jacqueline Scott Corley in San Francisco rejected the Biden administration’s contention that the deal would hurt consumers by giving Xbox game console-maker Microsoft exclusive access to games including the best-selling Call of Duty.

Shortly after the US judge’s order, Britain’s Competition and Markets Authority (CMA) said it was prepared to consider Microsoft’s proposals to resolve antitrust concerns in the UK, suggesting the two parties may come to a resolution.

“The various testimonies that have surfaced during the US trial all weaken the UK’s antitrust watchdog’s arguments,” said Joost Van Dreunen, a lecturer at New York University’s Stern School of Business.

The US Federal Trade Commission (FTC) had argued that Microsoft would be able to use the Activision games to leave rival console makers like Nintendo and market-leader Sony Group out in the cold.

Corley disagreed in her opinion.

“The FTC has not shown it is likely to succeed on its assertion the combined firm will probably pull Call of Duty from Sony PlayStation, or that its ownership of Activision content will substantially lessen competition in the video game library subscription and cloud gaming markets,” she wrote.

The court gave the FTC until Friday to appeal the decision.

FTC spokesperson Douglas Farrar said the antitrust regulator was “disappointed in this outcome given the clear threat this merger poses to open competition in cloud gaming, subscription services, and consoles. In the coming days we’ll be announcing our next step to continue our fight to preserve competition and protect consumers.”

It is considering appealing the court decision, according to a person familiar with the matter.

The FTC did not immediately respond to a request for comment when asked about its plan to appeal the ruling.

UK decision in focus

Gaming market sales are expected to increase by 36 percent over the next four years to $321 billion (roughly Rs. 26,43,884 crore), according to a PwC estimate.

Corley’s decision is a setback in the broader push by the Biden administration to cut costs for consumers that have also included negotiations to lower the cost of insulin medication and eliminate “junk fees” in airline tickets.

Microsoft President Brad Smith said the company was grateful for the “quick and thorough” decision. He also tweeted that his focus would now be on considering how the transaction could be changed to address the CMA’s concerns.

“It does seem like the Microsoft and the CMA could work out a deal within the next couple of weeks,” said DA Davidson & Co analyst Franco Granda.

While much of the testimony in the recent trial focused on Call of Duty, Activision produces other bestsellers like World of Warcraft, Diablo and the mobile game Candy Crush Saga.

The FTC’s complaint had cited concerns about loss of competition in console gaming, as well as subscriptions and cloud gaming.

To address the agency’s concerns, Microsoft agreed to license Call of Duty to rivals, including a 10-year contract with Nintendo, contingent on the merger closing.

During the five-day trial in June, Microsoft CEO Satya Nadella argued the company would have no incentive to shut out Sony’s PlayStation or other rivals in order to sell more Microsoft Xbox consoles.

© Thomson Reuters 2023

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Activison Blizzard CEO Urges Federal Judge to Allow Takeover by Microsoft

The chief executive of Call of Duty maker Activision Blizzard, Bobby Kotick, went before a federal judge on Wednesday to urge her to allow his company to be bought by Microsoft for $69 billion (nearly Rs. 5,66,300 crore).

Kotick said that any effort to make Call of Duty exclusive to one platform, as Microsoft critics have said might happen, would alienate some 100 million people who play the game each month.

“You would have a revolt if you were to remove the game from one platform,” said Kotick.

He said that removing Call of Duty from PlayStation, which is made by Sony Group, would be “very detrimental” to Activision’s business.

The Federal Trade Commission has asked a judge to stop the Microsoft acquisition temporarily in order to allow the agency’s in-house judge to decide the case. In the past, the side that lost in federal court often conceded and the in-house process was scrapped.

Much of the testimony in the trial has focused on Activision’s Call of Duty, one of the best-selling videogames of all time. It is available today on smartphones, multiple consoles and on desktop computers.

Kotick said he had considered making Call of Duty available on Nintendo Switch but decided against it because he felt the console would not be a big seller. “I made a bad judgment,” he said.

Microsoft CEO Satya Nadella is scheduled to testify on Wednesday afternoon before Judge Jacqueline Scott Corley in federal court.

The FTC, which enforces antitrust law, has taken a harder line on mergers during the Biden administration. The agency says the transaction would give Microsoft, which makes the Xbox console, exclusive access to Activision games, leaving Nintendo and Sony Group out in the cold.

To address antitrust concerns, Microsoft has offered to license Call of Duty to rivals. It has also argued that it is better off financially by licensing the games to all comers.

The deal has won approval from many jurisdictions but has been opposed by the FTC in the United States and Britain’s Competition and Markets Authority.

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Microsoft-Activision Blizzard Acquisition Deal Said to Get Blocked by US FTC

The US Federal Trade Commission will file an injunction blocking Microsoft‘s acquisition of Activision Blizzard, a source familiar with a planned court filing said on Monday.

Microsoft is seeking to acquire the Call of Duty videogame maker in a $69 billion (nearly Rs. 5,68,800 crore) deal.

The EU approved the Activision deal in May, but British competition authorities blocked the takeover in April.

The FTC, which enforces antitrust law, initially asked a judge to block the transaction in early December, arguing it would give Microsoft’s Xbox exclusive access to Activision games, leaving Nintendo consoles and Sony Group‘s PlayStation out in the cold.

The judge overseeing the case in the Northern District of California would need to approve the order.

“We welcome the opportunity to present our case in federal court,” said Microsoft president Brad Smith in a statement.

Microsoft has said the deal would benefit gamers and gaming companies alike, offering to sign a legally binding consent decree with the FTC to provide Call of Duty games to rivals including Sony for a decade.

The case reflects the muscular approach to antitrust enforcement taken by the administration of US President Joe Biden. But antitrust experts say the FTC faces an uphill battle to convince a judge to block the deal, because of the voluntary concessions offered by Microsoft to allay fears it could dominate the gaming market.

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Microsoft Looking for Solutions to Get UK Approval for $69 Billion Activision Blizzard Acquisition

The president of Microsoft said he was looking for solutions to try to get British approval for the software giant’s $69 billion (nearly Rs. 5,71,730 crore) acquisition of “Call of Duty” maker Activision Blizzard.

British competition authorities blocked the biggest-ever deal in gaming in April, in a shock decision which Microsoft has since appealed. President Brad Smith said he was hopeful the outcome could change.

“I’m in search of solutions,” Microsoft President Brad Smith told the techUK Tech Policy Leadership conference in London on Tuesday.

“If regulators have concerns we want to address them. If there are problems, we want to solve them. If the UK wants to impose regulatory requirements that go beyond those in the EU, we want to find ways to fulfill them.”

He declined to comment on any meeting with the British government following the CMA’s veto on the deal which Smith had previously warned would shake confidence in the UK as a destination for tech businesses.

The EU’s competition authorities approved the deal in May after they accepted remedies put forward by Microsoft that were broadly comparable to those it proposed in the UK.

Microsoft has also appealed the US Federal Trade Commission’s action seeking to block the deal on the grounds that, the agency said, it would suppress competition.

Last month, Microsoft challenged Britain’s decision to block its takeover of Activision Blizzard on the grounds of “fundamental errors” in the assessment of Microsoft’s cloud gaming services. The company confirmed it had filed an appeal against the ruling to the Competition Appeal Tribunal (CAT).

It said the CMA’s conclusion that the deal would lead to a substantial lessening of competition in the United Kingdom’s cloud gaming market was wrong, according to the summary.

The tech giant also evaded a potential early legal obstacle in the takeover, when a US judge last month refused to allow gamers in a private suit to preliminarily block the acquisition. 

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Microsoft Challenges UK Regulator’s Decision to Block $69 Billion Takeover of Call of Duty Maker Activision

Microsoft is challenging Britain’s decision to block its $69 billion takeover of Call of Duty maker Activision Blizzard on the grounds of “fundamental errors” in the assessment of Microsoft’s cloud gaming services.

Britain’s anti-trust regulator, the Competition and Markets Authority (CMA), vetoed the deal in April, saying it could hurt competition in the nascent cloud gaming market.

Microsoft confirmed on Wednesday it had filed an appeal against the ruling to the Competition Appeal Tribunal (CAT), and a summary of its arguments was published on Friday.

It said the CMA’s conclusion that the deal would lead to a substantial lessening of competition in the United Kingdom’s cloud gaming market was wrong, according to the summary.

The CMA “made fundamental errors in its calculation and assessment of market share data for cloud gaming services”, Microsoft will say at the Competition Appeal Tribunal.

Microsoft set out five grounds for appeal in total.

The CMA’s shock decision to block the biggest ever deal in gaming drew a furious response from both companies.

Last week, Microsoft evaded a potential early legal obstacle in its $69 billion (nearly Rs. 5,71,730 crore) deal to acquire Call of Duty video game maker Activision Blizzard, when a US judge refused to allow gamers in a private suit to preliminarily block the acquisition.

The private plaintiffs sued Microsoft in California federal court in December to enjoin the deal, which they called harmful to competition.

US District Judge Jacqueline Scott Corley in San Francisco federal court said in a ruling issued late on Friday night that the video gamers had not shown they would be “irreparably harmed” if the merger were allowed to proceed before she rules on the merits of their case.

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Microsoft Wins Against Gamers Blocking Activision Blizzard Acquisition Deal

Microsoft evaded a potential early legal obstacle in its $69 billion (nearly Rs. 5,71,730 crore) deal to acquire Call of Duty video game maker Activision Blizzard, when a US judge on Friday refused to allow gamers in a private suit to preliminarily block the acquisition.

The private plaintiffs sued Microsoft in California federal court in December to enjoin the deal, which they called harmful to competition.

US District Judge Jacqueline Scott Corley in San Francisco federal court said in a ruling issued late on Friday night that the video gamers had not shown they would be “irreparably harmed” if the merger were allowed to proceed before she rules on the merits of their case.

Microsoft and its lawyers contend the acquisition would benefit consumers.

Corley pushed back on the gamers’ allegation that Microsoft would limit availability of the game. The judge said there was no evidence Microsoft could make current versions of Call of Duty stop working after the planned merger, Corley wrote.

“The day after the merger they can play exactly the same way they played with their friends before the merger,” Corley wrote. The judge also said “it is not likely” Microsoft will make any newer version of Call of Duty exclusive to the company’s platform prior to a ruling on the merits of the deal.

A Microsoft spokesperson on Monday did not immediately respond to request for comment.

A lawyer for the gamers said on Monday they will press on with their challenge to the deal despite losing this preliminary round.

Joseph Alioto said the court concluded that a preliminary injunction “was not necessary at the moment,” but said the “evidence is very strong” that the proposed acquisition violates US antitrust law.

The court’s order comes just days after Microsoft won EU antitrust approval. The deal faces regulatory scrutiny by the US Federal Trade Commission, and also in China and South Korea.

British competition authorities rejected the deal, which would be the largest-ever in the gaming industry. Microsoft faces a May 24 deadline to appeal the decision.

US antitrust law allows private plaintiffs to sue over mergers and acquisitions.

Corley dismissed the gamers’ first lawsuit in March, ruling that plaintiffs had not offered adequate factual support for claims that the deal would violate US antitrust law.

She allowed the plaintiffs to bring an amended complaint. Microsoft’s bid to dismiss the case is pending.

© Thomson Reuters 2023
 

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Microsoft to Defend $69 Billion Activision Blizzard Deal in Antitrust Lawsuit Filed by Gamers in US Court

Microsoft on Friday will defend its $69 billion (nearly Rs. 5,65,480 crore) planned acquisition of Call of Duty maker Activision Blizzard, in a private antitrust lawsuit in San Francisco federal court brought by video gamers who claim the deal will harm industry competition and should be stopped.

At the hearing, US District Judge Jacqueline Corley will weigh a request that she issue a preliminary injunction barring the proposed acquisition.

The deal would mark the largest-ever in gaming if it is completed. Microsoft has defended the tie-up as benefiting gamers, and its lawyers have asked Corley to deny blocking the acquisition.

“What plaintiffs ask this court to do is unprecedented. They have not cited a single case where a court has enjoined a merger based on alleged harms claimed by a few individual consumers,” Microsoft’s lawyers told Corley in a May 5 court filing.

The deal, first announced in January 2022, separately faces intense regulatory scrutiny by the US, European Union, UK, and other competition law enforcers.

Britain’s antitrust regulator said in April it would block Microsoft’s acquisition after the company failed to assuage competition concerns.

The US Federal Trade Commission’s case against the deal is pending at the agency.

Joseph Alioto, a lawyer for the plaintiffs, said the gamers have a “very strong complaint” challenging the acquisition.

A Microsoft spokesperson said the plaintiffs’ complaint contained “unsupported and implausible claims about the deal’s effect on competition.”

US antitrust laws allow private consumers to sue over proposed acquisitions in lawsuits that are distinct from any federal regulatory actions.

Corley in March dismissed an earlier version of the plaintiff’s complaint, which she called “insufficient.” She allowed the plaintiffs to refile a more robust complaint.

The plaintiffs’ lawyers on Monday urged Corley to block the deal to allow a trial on the merits of the acquisition to take place.

“The loss of competition cannot be reclaimed,” the plaintiffs’ attorneys said in a court filing. “Unwinding the merger after consummation is highly problematic and disfavored, making divestiture post-consummation significantly more difficult.”

The case is Demartini v. Microsoft, US District Court for the Northern District of California, No. 3:22-cv-08991. 

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‘I’m Upset With Myself’: Xbox Chief Phil Spencer Takes ‘Full Responsibility’ for Redfall Debacle

It has been a tough few days for Microsoft and Xbox. First, the firm’s ambitious and expensive attempt to acquire Call of Duty maker Activision Blizzard hit a major hurdle when Britain’s competition regulator blocked the $69 billion (roughly Rs. 5,63,980 crore) deal on April 26, citing cloud gaming concerns. And then, Redfall, Xbox’s first big tentpole exclusive of the year, released May 2 to largely negative reviews that criticised the game over its technical and creative failings. Arkane Austin’s first-person looter shooter is currently sitting at an underwhelming overall rating of 61 on OpenCritic. In the aftermath of the fallout from the botched release and the resulting fan backlash, Xbox chief Phil Spencer has come out and taken “full responsibility” for Redfall’s less than stellar reception. In a wide ranging and revealing interview late Thursday, a visibly dejected Spencer laid out his word on Xbox’s recent failures, the expectations from the community, and the road ahead. “I’m disappointed, I’m upset with myself,” the head of Xbox said on Redfall’s poor launch.

Two days after the dismal launch of Redfall, Spencer came on the Kinda Funny Xcast show and spoke candidly about the failures of Xbox’s latest exclusive. “There’s nothing that’s more difficult for me than disappointing the Xbox community,” Spencer said, adding, “…Just to watch the community lose confidence, be disappointed — I’m disappointed, I’m upset with myself.” Spencer admitted that Redfall’s critical response fell far short of internal expectations and was “not what we wanted” and also volunteered to take accountability for the game’s poor reception. “I also know these games are $70 (nearly Rs. 5,720), and I’m gonna take full responsibility for launching a game that needs to be great,” he said.

Spencer also defended Redfall Developers Arkane Austin over criticism that their latest game was perhaps an ill-advised departure from their regular slate of titles. Arkane is known for critically acclaimed single-player immersive sims like Dishonored and Prey, while Redfall is a co-op looter shooter. “There’s clearly quality and execution things that we can do, but one thing I won’t do is push against creative aspirations of our teams,” he said, adding that the studio had a proven track record, but admitting that they failed to hit “their own internal goals” on Redfall.

Spencer also weighed in on British antitrust regulator Competition and Markets Authority’s (CMA) move to block Microsoft’s takeover of Activision Blizzard and maintained that the firm intended to appeal the decision that could prevent Xbox from bringing the company’s lucrative portfolio, which includes the sales juggernaut Call of Duty franchise under its umbrella.

Later in the interview, the Xbox chief took on the so-called “console wars,” expanding upon Xbox’s position in the gaming space relative to Sony PlayStation and Nintendo. Spencer admitted that Xbox’s last-gen console, the Xbox One, failed to capture a crucial generation of gamers, most of whom were now tied to their game libraries built over the span of a console generation and thus difficult to sway toward buying an Xbox Series X or Series S. Spencer emphasised that Xbox does not intend to “out-console” Sony or Nintendo and instead focus on its unique services such as Game Pass, cloud and PC gaming.

Redfall released May 2 across PC and Xbox Series S/X and faced flak over its several technical and performance issues, while also drawing criticism for its creative and design decisions, leading to a flurry of sub-par reviews. Its cause wasn’t helped by the fact that the game launched with a 30fps cap on Xbox consoles. Spencer confirmed that Xbox, which owns Arkane-parent Bethesda, will work on improving the game and committed on delivering a 60fps patch on consoles on priority.

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Here’s What Microsoft Can Do in $69 Billion Activision Deal After UK Ban

Britain’s Competition and Markets Authority (CMA) on Wednesday blocked Microsoft’s $69 billion (nearly Rs. 5,64,100 crore) acquisition of Call of Duty maker Activision Blizzard 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 US 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 (nearly Rs. 2,450) break fee.

What has happened to other CMA appeals?

Facebook-owner Meta 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.

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Microsoft Signs 10-Year Deal With Nware After UK Blocks Activision Acquisition

Microsoft said on Friday it signed a 10-year deal with Nware to bring Xbox and Activision Blizzard games to the Spanish cloud-gaming platform, days after Britain blocked its $69 billion (nearly Rs. 5,64,200 crore) buyout of the Call of Duty maker.

The agreement marks the latest effort by Microsoft to ease fears its purchase of Activision would hinder competition in cloud gaming, which was the reason cited by the Competition and Markets Authority to veto the biggest deal in gaming.

“While it’s still early for the emerging cloud segment in gaming, this new partnership combined with our other recent commitments will make more popular games available on more cloud game streaming services than they are today,” Microsoft President Brad Smith said.

The Xbox console maker, which plans to appeal CMA’s decision, has signed similar deals with the owners of streaming platforms including Valve, Nvidia and Boosteroid.

It had also offered Sony — a vocal opponent of the deal — a 10-year Call of Duty license, in line with an agreement to bring the multi-billion dollar franchise to Nintendo’s Switch.

In its decision on Wednesday, the CMA said Microsoft had an estimated 60 percent – 70 percent of global cloud gaming services as well as competitive advantages including owning Xbox, PC operating system Windows and cloud provider Azure.

The Activision deal is the biggest involving technology companies the regulator has blocked. Europe will decide on the deal by May 22. The US Federal Trade Commission is also seeking to block it.

Microsoft shares were slightly lower in US premarket trading, while those of Activision ticked up 0.2 percent.

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