UK Blocks Microsoft / Blizzard Merger

[Nymrohd]

Apologies.

On topic, it appears Microsoft has hired a new attorney for the case. While he was working with Microsoft in the late stages of the CMA case, the dude has some impressive wins under his belt.
https://finance.yahoo.com/news/micro...153403977.html
Microsoft hires Brussels-beating lawyer to take on Britain’s competition watchdog

The thing is, the EU's competition commission can be challenged in court. The CMA has rather unprecedented power in that their rulings can only be appealed (so retried on process) not challenged. Unless they can manage to throw out evidence used in the case because of how they were acquired, they are still stuck with the same case. I am not doubting the man they hired has the skill and the team to back him up, just saying that this is a much harder challenge to take.

[Jtbrig7390]

Skill Up's take on the interview and everything going on.

Also imo this thread and the xbox thread should be merged.

[Northern Goblin]

The thing is, the EU's competition commission can be challenged in court. The CMA has rather unprecedented power in that their rulings can only be appealed (so retried on process) not challenged. Unless they can manage to throw out evidence used in the case because of how they were acquired, they are still stuck with the same case. I am not doubting the man they hired has the skill and the team to back him up, just saying that this is a much harder challenge to take.

Pretty much this. The CMA have no oversight to their decisions.

You're essentially asking them to do the same deliberations and come to a different result.

[Nymrohd]

Pretty much this. The CMA have no oversight to their decisions.

You're essentially asking them to do the same deliberations and come to a different result.

At the same time, I have to assume Microsoft has some reason to spend so much trying to appeal this. I feel if the EU commission had also blocked, maybe they'd give up but something tells me everyone else is going to wait it out now to see what happens with the appeal. I just have to wonder, sitting on all this money and not investing it in a different opportunity and just paying the penalty, is it worth it?

Still, I just want Kottick gone. Yeah it's bad for the industry, it's bad for competition, it's bad for consumers. But it's probably good for ATVI and I am not a hobby gamer; I play Warcraft, Diablo and the occasional Nintendo IP I've been playing since I was a child.

[Pann]

Pretty much this. The CMA have no oversight to their decisions.

You're essentially asking them to do the same deliberations and come to a different result.

This not true. If an appeal at the CAT is unsuccessful then the decision can be appealed in the Court of Appeal. It even says so in the linked the article.

[Zenfoldor]

I have started writing several times, in this thread and stopped. I don't want to be the kind of person who is hateful towards a company.

My solution is not to throw shade at MS for releasing their last big release game in such a sorry state. Instead, I have cancelled my gamepass subscription. I won't sell my Xbox because it is too much trouble, but I'm done with Xbox as a large investment. Any future MS games I play will be on PC.

One thing is clear to me, Redfall could never have been saved. It was never there. It was vaporware sold as a AAA first party game by one of the big 3, with marketing working over time to sell this turd to poor gamers who didn't know any better.

It makes me believe that perhaps many of the other games MS has promised may be in a similar state.

[Makabreska]

My solution is not to throw shade at MS for releasing their last big release game in such a sorry state. Instead, I have cancelled my gamepass subscription. I won't sell my Xbox because it is too much trouble, but I'm done with Xbox as a large investment. Any future MS games I play will be on PC.

Kinda weird move, considering that Game Pass is still THE best sub option out there by absolute miles, and no botched recent releases changed that. Also, it works on PC as well, so dunno what is this all about, really. You want to play any future MS releases on a PC, but you cancelled a PC sub service onto which they release their new games?

[Edge-]

Folks, please keep discussion on the acquisition in this thread. We have a more general Xbox Series X thread to discuss general Microsoft/Xbox topics: https://www.mmo-champion.com/threads...ries-X-(and-S)

[Northern Goblin]

This not true. If an appeal at the CAT is unsuccessful then the decision can be appealed in the Court of Appeal. It even says so in the linked the article.

The Court of Appeal is there to uphold the law, not challenge it. Unless the CMA isn't following the rules and guidelines, the CoA isn't going to overturn it out of the goodness of their heart.

At the same time they're also using the same lawyer who advised Johnson over partygate.

Forgive me if I lack a distinct level of confidence in their ability here.

[Pann]

The Court of Appeal is there to uphold the law, not challenge it. Unless the CMA isn't following the rules and guidelines, the CoA isn't going to overturn it out of the goodness of their heart.

At the same time they're also using the same lawyer who advised Johnson over partygate.

Forgive me if I lack a distinct level of confidence in their ability here.

What? A few hours ago there was apparently "no oversight to their decisions".

What do you expect a court to do if not follow and uphold the law?

I'm not sure what Johnson or partygate has to do with this case. Lord Pannick is a well respected KC but ultimately a legal representative has to follow instruction from their client.

Well I guess ATVI - who are picking up the (substantial) bill for his services - see something in his abilities that you don't.

[Northern Goblin]

What? A few hours ago there was apparently "no oversight to their decisions".

What do you expect a court to do if not follow and uphold the law?

They aren't an oversight committee in terms of direct appeal, they're just a generic last ditch attempt if anything in the UK goes against you and you feel you haven't exhausted every last option.

Oversight would be the first appeal process being run by someone other than the people who rejected you the first time.


As to Lord Pannick, his last couple of cases haven't gone well. Johnson's committee performance was dreadful, and he acted off his council's advice. Before that Pannick lost the Begum appeal, and his other current case, the Manchester City one, doesn't look to be going well either.

He's rarely out of the spotlight, he's a name big enough to attact a certain level of appeal by itself. His last big win was against the Government's unlawful prorogation of Parliament.

His reputation carries weight in court, as does the notoriety of his tedious method of argumentation of hammering the same point over and again to its most simple of terms.

However, even he is short of convincing the court to overturn any decision that has followed the letter of the law.

He'll certainly be well paid for it though.

[Tech614]

Well I guess ATVI - who are picking up the (substantial) bill for his services - see something in his abilities that you don't.

I don't think it says that much since ATVI execs stand to gain huge payouts if the deal closes, and even if the deal fails they are getting $3 billion which is way, way more than they would ever have to pay this dude. It's a last second hail marry attempt with nothing to lose.

Both MS and ATVI have to look like they are still trying to fight for the deal until it's over otherwise one could litigate the other after it fails. They can't just literally throw in the towel no matter how likely it is over, until it's actually over. This is a nothingburger.

[Pann]

It looks like the EU will approve the merger.

https://twitter.com/faisalislam/stat...33045773881344

[The Stormbringer]

It looks like the EU will approve the merger.

https://twitter.com/faisalislam/stat...33045773881344

I guess some palms were greased, eh? Good. Let's get rid of Bobby, FINALLY!

[everydaygamer]

Realistically a single hold out was never gonna stop the deal. I'm sure there were ways Microsoft could get around the decision if they needed to.

[Jtbrig7390]

Unless they can flip the CMA's decision the deal is still dead.

Also take "leaks" with a grain of salt, it was said the CMA would give the green light as well and they didn't. Also we still have the FTC as well.

If the FTC and CMA decision isn't set by the end of June, the deal is still dead as well.

[Tech614]

Realistically a single hold out was never gonna stop the deal. I'm sure there were ways Microsoft could get around the decision if they needed to.

Are you sure about that batman? I think some people are still forgetting the power the CMA has and how hard it is to get them to change their minds. Like there is still no path to closing the deal without CMA approval regardless of what any other regulators say.

- - - Updated - - -

If the FTC and CMA decision isn't set by the end of June, the deal is still dead as well.

The FTC has already planned to sue to block the deal. But that doesn't mean much since the FTC has no real power, the decision then comes down to a single judge. The judge is going to side with corpo america almost every single time.

- - - Updated - - -

I guess some palms were greased, eh? Good. Let's get rid of Bobby, FINALLY!

https://twitter.com/tomwarren/status...1173390327811?

Ah yes, get rid of Bobby so a company who's CEO makes $50 million a year and tells their employees they can't afford to give them raises this year is now in charge. I can't believe people really think any major corp CEO is any different than Bobby. Especially western companies.

[The Stormbringer]

Ah yes, get rid of Bobby so a company who's CEO makes $50 million a year and tells their employees they can't afford to give them raises this year is now in charge. I can't believe people really think any major corp CEO is any different than Bobby. Especially western companies.

It's a scale, and Bobby Kotick is on the worst end of that scale. Even someone in the middle would be better than him.

[Nymrohd]

I guess some palms were greased, eh? Good. Let's get rid of Bobby, FINALLY!

Why not have good relationships with MS when the deal is effectively already blocked.

[Jtbrig7390]

It's a scale, and Bobby Kotick is on the worst end of that scale. Even someone in the middle would be better than him.

A shitty person yes, the worst no not even close. There is people who sexually assaulted others and actually lead to the death of a employee. Until Bobby has his own body count he won't be quite the worse but will be up there.

Also MS is no angels and even studio's under them (and in their own house) have the exact same problems.