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Microsoft / Activision Deal Approval Watch |OT| (MS/ABK close)

Do you believe the deal will be approved?


  • Total voters
    886
  • Poll closed .
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akimbo009

Gold Member
If Bungies new IP isn't multiplatform then it goes against everything they said so far and lied to regulators everywhere.
There's literally nothing that seems to point in that direction dude...

No way they launch on Xbox or Nintendo the next Bungie game. There has been no promises to regulators or concessions. What they said in public is about as legally valid as my toilet paper in my toilet.
 

Warablo

Member
Lying Schitts Creek GIF by CBC
That they are now owned by Sony and common sense.

You're going to quote some thing about remaining multiplatform. Which just means keeping Destiny updated on rival consoles and future PC releases.
 
That they are now owned by Sony and common sense.

You're going to quote some thing about remaining multiplatform. Which just means keeping Destiny updated on rival consoles and future PC releases.
I think it's funny that MS offers a ten year contract for CoD on Nintendo, Steam and PlayStation and they are called liars yet Bungie makes a quick reference about staying multi-platform and people assume Xbox will get their next new title. Strange times indeed.
 

phil_t98

#SonyToo
Bungie acquisition was announced with a completely different wording...which is why it's completed for months...and it is organic growth. They own a single IP that has been connected mostly with Playstation and won't be removed from other platforms.

First line of the announcement:

"Legendary developer to join PlayStation as independent, multi-platform studio and publisher."

Crystal clear.

First paragraph of the article:

"First off, I want to be very clear to the community that Bungie will remain an independent and multi-platform studio and publisher. "

Second paragraph starts like this:

"Bungie’s world-class expertise in multi-platform development and live game services will help us deliver on our vision of expanding PlayStation to hundreds of millions of gamers. "

If the Activision acquisition had been anywhere this crystal clear and not changed 5 times since January it was probably done by now, lol.

Organic in what way? They have a multiplatform game that’s put on all consoles and pc.

They have a marketing deal with Bungie

Other than that how is it organic?
 

oldergamer

Member
Also, this quote by the FTC is excellent and should address some posters' concerns:



A few posters here argue why doesn't the FTC look into Sony's level of market share and why the FTC is protecting Sony. This quote answers those questions.

The FTC is not concerned if a company, through in-house pedigree, talent, and efforts, reaches the top. Why would anyone stop that rise? By the end of the PS3 generation, the console market share was equal: 84 million (Xbox 360) vs. 87 million (PS3).

By the end of the PS4 generation, Sony was outselling Xbox One by a ratio of more than 2.10. PlayStation bought no multiplatform publishers or IPs during that period. It was all done in-house.

Microsoft is trying to lessen competition and reach the top through mergers and acquisitions. And that -- as highlighted by the quote -- must be stopped according to the law.i

I don't know why you are only including publishers. They bought dev studios under ps4, secured spiderman as a exclusive license via threats to pull out of the MCU ( forget that? ).

Was insomniac (in house)? I seem to recall them going multiplatform before sony bought them.

Still paid to keep games and or titles from hitting game pass day 1. Paid for third party exclusivity on certain games
and that is what i mean. MS needs to invest more into the studios they already have rather than desperately trying to buy up everyone else. They're abandoning their actual first party studios in their mad dash to acquire everything and the result is that their studios are having a hard time trying to get the products they promised out on time. If MS skipped activision and focused on helping out Ninja theory and providing them more resources, hyping up Hellblade 2 more, etc, the game probably would have a release date by now.
Who says one of the biggest software companies in the world cant do both? Stop assuming you know whats going on when u have a lack of information.
 

Heisenberg007

Gold Journalism
I don't know why you are only including publishers. They bought dev studios under ps4,
Because studios =/= multiplatform publishers.

They bought Insomniac, a second-party studio that Sony basically set up and flourish years ago, in 2019, after Microsoft's acquisition spree. Which studios did Sony buy between 2013 and 2018?
secured spiderman as a exclusive license via threats to pull out of the MCU ( forget that? ).
Nope. Never happened. We're making up stories now?

Marvel was looking for a platform holder to make AAA Marvel games, because Activision couldn't make those big-budget Spider-Man games and those games failed.

Marvel actually offered Microsoft to have the Marvel license and make Xbox exclusive Marvel games. Phil, in his infinite wisdom, turned down the offer.

Marvel then reached out to Sony to see if they were interested. Sony took up the offer, hooked up Marvel with Insomniac, and they chose to make a Spider-Man game. Here you go:

Still paid to keep games and or titles from hitting game pass day 1.
Nope, never happened. Present your source that Sony exchanged money to prevent a game from going to Gamepass.

Both Sony and Xbox marketing agreements prevent games from going to competitor subscription services. But you're talking about only Sony paying money to prevent titles joining Gamepass. That never happened.
Paid for third party exclusivity on certain games.
Like High On Life, Ark 2, Tunic, The Medium, The Ascent, The Artful Escape, Slime Rancher 2, Scorn, The Gunk, Stalker 2, etc.?

Both Sony and Microsoft pay third-party companies to prevent games from launching on the other platform. Only Microsoft buys multiplatform publishers and IPs to reduce PlayStation's game library in an attempt to level the playing field.
 

Pelta88

Member
secured spiderman as a exclusive license via threats to pull out of the MCU ( forget that? ).

When people are so invested they start making up narratives to suit their own narrative.

Disney, Sony, and Insomniac are all on record as to how this collaboration came about. Facts which make the above an outright and fully fledged lie. But my question to you is why bother making up this horse shit that detracts from the conversation?
 
Organic in what way? They have a multiplatform game that’s put on all consoles and pc.

They have a marketing deal with Bungie

Other than that how is it organic?
If they're saying Sony buying one of the biggest GAAS dev teams to bolster something they know jack shit about is 'organic growth' then you know the argument was always BS in the first place. Anyway until I see the contract that says Bungie gets to nope out the moment Sony tells them what to do I've already written off whatever they're next IP is ever coming to Xbox.
 

reksveks

Member
We talking about the same shit?

Yesterday's Supreme Court decision rehighlights how ideological it is. Will be interesting to see if it continues to be true re the FTC and SEC
 

feynoob

Member
Most people were acting like there was no way the FTC was going to sue.
With Khan, the FTC is unpredictable.

At least MS has a big advantage here, which is khan's lack of court experience. If it was previous FTC administration, MS would have had a big issues by now.
 

Three

Member
We talking about the same shit?

Yesterday's Supreme Court decision rehighlights how ideological it is. Will be interesting to see if it continues to be true re the FTC and SEC
What are we talking about here, title 42? If anything the fact that it hasn't been lifted is ideological itself.
 

reksveks

Member
What are we talking about here, title 42? If anything the fact that it hasn't been lifted is ideological itself.
How is this connected to this case?
Did I miss something?
Yeah, was referring to title 42 and the fact that the Supreme Court is stretching the historical bounds of their power by keeping title 42 in place until the case next year.

feynoob feynoob , just could be interesting in relation to Axon vs FTC
 
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lachesis

Member
Not sure if this rumor(?) is indeed true, (or if this linked site is anything trustworthy) - I know it's going thru initial review in Japan, but I find it kind ironic.

US against a US company becoming bigger and siding with a Japanese company
Japan siding with a US company and preventing a possible advantage point for a Japanese company.

It's like a 4d chess going on...? ;)
 

Pelta88

Member
Not sure if this rumor(?) is indeed true, (or if this linked site is anything trustworthy) - I know it's going thru initial review in Japan, but I find it kind ironic.

US against a US company becoming bigger and siding with a Japanese company
Japan siding with a US company and preventing a possible advantage point for a Japanese company.

It's like a 4d chess going on...? ;)

I mean no disrespect but surely you can't be this ignorant?
 

Three

Member
Frankly I don't see why it wouldn't be in Japan given the situation there. It's xbox who has a content problem there and I'm not sure COD and Activision will help anyway. The UK and US however...
 
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feynoob

Member



This rumor was flying around but it's not a confirmation, just speculation.

Its not true.
MLex has a new report about the review process in Japan:

- It is believed that the deal has yet to be formally notified.

-In June 2022, the Japan Fair Trade Commission (JFTC) called for third-party views about the deal, even though it was at a "Phase I review" (I guess they mean pre-notification talks if it hasn't been notified yet). It was due to a new initiative to seek information about competition concerns in the digital markets at an early stage.

- Similar issues that Western regulators are being analysed (gaming market, cloud gaming, ecosystem advantages, etc).

- There hasn't been an uproar against the planned merger from the Japanese gaming industry or community.

- The JFTC hasn't blocked a deal in decades and usually accepts behavioural remedies

- According to the "2022 CESA Games White Paper," published in August 2022, Nintendo has 74.8%, Sony 23.4% and Microsoft's 1.8% of the Japanese market.

- The JFTC is known to analyse global deals in similar ways as Western regulators and approving the same conditions soon after its peers' decisions.

- The timing of the Japanese review will depend on MS's strategy, but maybe the JFTC wants to avoid affecting the FTC's court battle by giving an early clearance with easy conditions.

- In any case, it's not even clear if the JFTC would announce its decision because they don't have a legal obligation to disclose an initial-review result.
 

Banjo64

cumsessed
I don't know why you are only including publishers. They bought dev studios under ps4, secured spiderman as a exclusive license via threats to pull out of the MCU ( forget that? ).

Was insomniac (in house)? I seem to recall them going multiplatform before sony bought them.

Still paid to keep games and or titles from hitting game pass day 1. Paid for third party exclusivity on certain games

Who says one of the biggest software companies in the world cant do both? Stop assuming you know whats going on when u have a lack of information.
You genuinely think a company the size of Marvel/Disney would do a deal under hostile circumstances - or that a company the size of Sony would be stupid enough to engage in such behaviour?

In reality 2 highly successful and profitable companies who have pre-existing ties did a deal to make them both money.
 
Yeah, was referring to title 42 and the fact that the Supreme Court is stretching the historical bounds of their power by keeping title 42 in place until the case next year.

feynoob feynoob , just could be interesting in relation to Axon vs FTC

They're 100% ruling against the FTC. It's just a matter of how aggressively will they rule against the FTC. There was a 2018 Supreme Court decision, Lucia vs Securities and Exchange Commission where a constitutional challenge was made on the way the Administrative Law Judges in the SEC's internal proceedings were appointed, and the Supreme Court ruled against the SEC, but they narrowed their ruling to ONLY cases that have not yet been closed. And immediately multiple companies filed suit in federal court to try to get out of the proceedings. That was a 5-4 less partisan court then. It is not a 6-3 court that has since added Justice Kavanaugh and Amy Coney Barrett.

Axon is making similar constitutional challenges to the FTC's structure and ALJ process. Microsoft for its own part is also making constitutional challenges to the FTC's structure in its response to the FTC, clearly signaling they're willing to fight longer than some think. Microsoft is challenging the constitutionality of the manner in which commissioners are shielded from the President despite being appointed by the President and wielding so much independent executive power. Microsoft says it violates Article II of the constitution and the separation of powers.

Microsoft is also challenging the fact that the complaint is held in internal administrative proceedings which are then adjudicated by the very same commissioners who brought the complaint in the first place regardless of what the ALJ judge decides. Should the Supreme Court rule any aspect of the FTC's structure unconstitutional in the Axon case, or make clear that district courts do have jurisdiction, which I certainly see them doing, rather than just appeals courts at the very end of the process, Microsoft will be able to immediately file suit in federal district court to have an opportunity to have the FTC's proceedings enjoined entirely on the very constitutional grounds the Supreme Court ruled on.

Important in every single one of the cases before the FTC seems to be the fact that not a single company is arguing about any decision made against them, but just the merit of being put into the proceedings in the first place and the length of time that the process can take. Despite someone defeating the SEC back in 2018, 4 years later they are still entangled with them. I see the Supreme Court taking a very hard line on these types of delay tactics on both the FTC and SEC side of things. And the worst thing Lina Khan could have done is give a partisan 6-3 conservative majority a massive $68.7 billion target with which to focus on like a laser. So the only risk to this deal is if UK and EC rule against Microsoft. If they don't, the FTC simply won't have the ability to stop it no matter what.

Microsoft raising constitutional challenges is a sign they will fight this to 2026-2027 if they must. They're willing to have their case heard in the supreme court. But I don't think it goes that long. If the Supreme Court rules very aggressively and punishes the FTC for delays, the deal is immediately cleared upon the Supreme Court decision. If they simply rule to allow immediate district court jurisdiction, Microsoft sues and likely has their day in court by 2024 and wins, and then they can close with no more having to deal with FTC. They can close even before such an outcome while still engaging in the FTC proceedings, for the record.
 
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lachesis

Member
I mean no disrespect but surely you can't be this ignorant?
I'm not too aware of real ins and outs of the legality of this case - so please do forgive me if I do come off as ignorant.
I just thought it's pretty humorous to see the different takes and "spins", given the situation.
 

Pelta88

Member
I'm not too aware of real ins and outs of the legality of this case - so please do forgive me if I do come off as ignorant.
I just thought it's pretty humorous to see the different takes and "spins", given the situation.

Believe it or not, Japan VS US has been a theme of some in this thread. Like some global regulatory board is looking at nationalism as opposed to how A&M applies to their regulatory system.

So I had to ask :messenger_tears_of_joy:
 
Believe it or not, Japan VS US has been a theme of some in this thread. Like some global regulatory board is looking at nationalism as opposed to how A&M applies to their regulatory system.

So I had to ask :messenger_tears_of_joy:
Sadly that argument makes more sense than some of the ideas tossed out by the FTC. The idea that Nintendo isn't competing in the gaming industry or Game pass and cloud gaming are completely different markets outside of other gaming markets really makes them look like they know nothing about the industry they are trying to police. The Supreme Court ruling can't come quick enough.
 

Heisenberg007

Gold Journalism
oldergamer oldergamer was active after my reply but just completely vanished from the thread instead of acknowledging he was wrong. That's how you know how dishonest and disingenuous his posts are.

Edit: oldergamer oldergamer reached out to me. He was prevented from posting further in this thread. Posting it here for the sake of transparency. We're having a nice chat in DMs. All's good.
 
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